A part of the Unemployment Insurance Law (Law No.146, 1947) shall be amended as follows:
In the proviso of Article 4, paragraph 1, "extraordinary wages, wages which are paid periodically at longer than three months intervals and" shall be deleted.
Article 6 shall be amended as follows:
(Deserving insured person)
Article 6. All workers who are employed by the employer prescribed in any of the following items shall be regarded as the insured person of unemployment insurance:
1. Employers who employ five or more workers (including the day-laborer provided for in Article 38-(2), and hereinafter in this Article) with the exception of the employer engaging in the enterprises listed below:
(a) Enterprises engaged in the cultivation of land or reclamation of waste land, planting, cultivating, harvesting of crops, timber cutting, and other agricultural and forestry enterprises.
(b) Enterprises engaged in the breeding of animals, catching, gathering and breeding of marine animals and seaweed, and other enterprises such as live-stock raising, sericulture and fisheries.
(c) Enterprises engaged in education, research and investigation.
(d) Enterprises engaged in the treatment and care of the sick and feeble, and other hygiene and sanitation.
(e) Enterprises engaged in social work or protection of released criminals and the other enterprises which do not aim to make profit.
2. Employers who are the juridical persons by whom five or more workers are employed even if engaged in activities mentioned in from (a) to (e) of item 1 (coverage under this paragraph shall be restricted to office employees).
3. The national, prefectural, municipal, town or village government agencies or others of the similar kind which do not came under any of the preceding items.
The employer mentioned in the preceding paragraph must submit the report on the fact that he comes under the provisions of the preceding paragraph to the Government within 10 days as from the date of coming under the provisions of the preceding paragraph according to the provisions of the Ministerial Ordinance.
In Article 7, "Cabinet Order" shall read "the Ministerial Ordinance" and "pention, retirement allowance or other benefits of a similar kind" shall read "retirement allowances" .
In Article 8, paragraph 1, "Employers of working-places not designated in Article 6" shall read "Employers not designated in Article 6, paragraph 1" , and in paragraph 4, "the workers of the said working-place" shall read "the workers who are employed by the said employer" .
From Article 9 to Article 11 inclusive shall be amended as follows:
Article 9. In case the employer designated in Article 6, paragraph 1 ceases to meet the above provisions the workers who are employed by the said employer shall be regarded as the insured person under the provisions of the preceding Article.
(Exclusion of insured person)
Article 10. Irrespective of the provisions of Article 6, paragraph 1, Articles 8 and 9, a person who comes under any of the following items shall not be insured. In case, however, a person who comes under the provisions of item 1 has met the provisions of any of the items of Article 38-(3), paragraph 1 or he has been employed by the same employer for 18 or more days in each of calender two months, or for 60 days or more in total during the calendar six months, a person who is employed in a seasonal enterprise has been continuously employed by the same employer for a period longer than stipulated in item 2, or a person who comes under the provisions of item 4 has been continuously employed by the same employer for more than 14 days, this shall not be applied:
1. Day-laborer who does not come under the provisions of any of the items of Article 38-(3), paragraph 1.
2. Workers who are employed in a seasonal enterprises for a specific term of employment which is less than four months, or workers who are employed seasonally.
3. Insured persons under the Seamen's Insurance.
4. Workers who are employed on probation.
5. Workers who are employed in enterprises which have not the definite location (excluding the enterprises engaging in engineering, construction, and building, remodelling, maintenance, repairing, renovation, wrecking, dismantling of structure and enterprises engaging in preparatory for the above enterprises).
(Term of acquiring qualification for insured person)
Article 11, Person to be insured according to Article 6, paragraph 1, or Article 8 shall acquire the qualification as from the date of employment, as from the date on which the sanction mentioned in Article 8, paragraph 1 is granted or as from the date when the person comes under the provisions of the proviso of the preceding Article (as from the first day of the following month of calender two months in each of which a person mentioned in item 1 of the preceding Article has been employed by the same employer for 18 or more days or as from the first day of the following month of the calendar six months during which he has been employed by the same employer for 60 days or more in total).
In Article 12, "or as from the following day of his coming under any of the items of Article 10" shall be deleted.
In Article 16, "Cabinet Order" shall read "the Ministerial Ordinance" , and the following two paragraphs shall be added in the same Article:
The recognition of unemployment shall be made in the Public Employment Security Office, to which a qualified recipient applies for a job, twice within seven days period as from the day when he presents himself for the first time after his separation. However, when deemed necessary, the Labor Minister may establish the standards for the number of frequency of the qualified recipient's appearance for purpose of receiving the recognition of his un employment in a different manner after consulting with the National Employment Security Advisory Committee.
In case a qualified recipient comes under any of the following items he may receive the recognition of his unemployment by the certificate in which entered the reasons according to the provisions of the Ministerial Ordinance irrespective of the provisions of the preceding paragraph:
1. In case he cannot present himself to the Public Employment Security Office on account of his illness or injury for less than 15 continuous days.
2. In case he cannot present himself to the Public Employment Security Office on account of going to the employer by the instance of the Public Employment Security Office.
3. In case he cannot present himself to the Public Employment Security Office on account of receiving vocational training at the direction of the Public Employment Security Office.
4. In case he cannot present himself to the Public Employment Security Office on account of natural calamity or unavoidable incident.
Article 17 shall be amended as follows:
(Daily amount of unemployment insurance benefit)
Article 17. The daily amount of benefit of unemployment insurance shall be a fixed amount which shall be stated in relation to the class of the daily wage of the insured person, in a Table of Benefit, which is issued by the Labor Minister after consulting with the National Employment Security Advisory Committee, on the basis of the amount obtained by multiplying by 60 per cent the daily amount of wages of the insured persons. However, the maximum of the daily amount of benefits shall be fixed at 300 yen.
The following three Articles shall be added next to Article 17:
(Daily amount of wage)
Article 17-(2). The daily amount of wages shall be the quotient of the total amount of wages divided by 180, which are paid during six previous completed months of covered employment that is the last month and five months prior to that month in which the qualified recipient was paid for eleven or more days of employment (In case of being separated on the last day of the month, that month shall be used together with the next prior five months of a minimum of eleven days of covered employment in the calculation).
In case the amount determined by the preceding method does not equal to the amount calculated on the basis of the following methods, irrespective of the provisions of the preceding paragraph, the daily amount of wages shall be calculated according to any of the following items:
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 amount of wages by the number of the labor days during that period.
2. In case a part of wages is defined by month, week or any other fixed period, aggregate of the quotient obtained by that period (in case the fixed period is a month, a month shall be regarded as 30 days) and the amount computed according to the provisions of the preceding item.
(Sliding system of amount of unemployment insurance benefit)
Article 17-(3). When the Labor Minister finds that the average wages paid to workers in manufacturing industries as indicated in the Monthly Index of Wages of Laborers prepared by the Labor Ministry have exceeded 120 per cent of the average wages computed in the same monthly index which was the basis of establishment or revision of the Table of Benefit or that average wages have fallen below 80 per cent of these average wages, he shall issue a new Table of Benefit fixing new daily amount of wages and new daily amount of insurance benefits (including a newly revised maximum amount of benefits provided for in the proviso of Article 17) which fall in wage classes stated in the former Table of Benefit, in the same proportion as average wages have changed.
In case the Table of Benefit has been amended according to the provisions of the preceding paragraph, the benefits shall be paid to the qualified recipient who was separated before the amendment of the Table of Benefit according to the daily amount of benefits newly determined in relation to the class of his daily amount of wages in the Table of Benefit valid at the date of his first separation.
(Decreasing the amount of benefit)
Article 17-(4). In case a qualified recipient has made earnings by his labor during a period of his unemployment for which he has received recognition at the Public Employment Security Office according to the provisions of Article 16, if the sum of the amount deducted ten yen from daily amount of his earning and the daily amount of benefits to be paid does not exceed 80 per cent of the daily amount of wages, the daily amount of benefits shall be paid in full;if the sum abovementioned exceeds 80 per cent of the daily amount of wages, the amount, balance obtained after deduction of the amount in excess from the daily amount of benefits shall be paid;if the amount in excess is more than the daily amount of benefits, the benefits shall not be paid.
In case the qualified recipient has made earnings by his labor or has been employed during the period in which he has received the recognition of unemployment, he must submit the report on the amount of his earning or number of days of his employment to the Public Employment Security Office.
In Article 21, paragraph 1, item 4, "the Employment Security Law" shall read "the Employment Security Law (Law No.141, 1947)" , and in paragraph 2, "the Unemployment Insurance Advisory Committee" shall read "the National Employment Security Advisory Committee" .
In Article 22, paragraph 2, "the Unemployment Insurance Advisory Committee" shall read "the National Employment Security Advisory Committee" .
In Article 24, paragraph 1, "for the seven preceding days amount" shall read "for the amount of seven days prior to the day when benefits are payable" , and "the Unemployment Insurance Advisory Committee" shall read "the National Employment Security Advisory Committee" .
In Article 27, paragraph 2, "the Unemployment Insurance Advisory Committee" shall read "the National Employment Security Advisory Committee" .
In Article 30, paragraph 1, "during the first six months after the enforcement of this Law shall be 1.1 per cent for the employer and 1.1 per cent for the insured person" , shall read "shall be 2 per cent" , and in paragraph 2, "In accordance with the provisions of Cabinet Order, the Labor Minister shall, after consulting with the Unemployment Insurance Advisory Committee, recommend the changing of the premium rate to the Diet" , shall be deleted and "the Unemployment Insurance Advisory Committee when after balancing the amounts of premiums and benefits of the preceding six months at the end of March and September of every year" shall read "the National Employment Security Adviory Committee, when, at the end of every month" , and "the next four months" shall read "the next six months" , and in paragraph 2, "the latter sentence of the preceding paragraph" shall read "the preceding paragraph" , and paragraphs 2 and 3 shall be successively carried down as paragraphs 3 and 4, and the following one paragraph shall be added next to paragraph 1 as paragraph 2.
In case the total amount of benefits paid for the previous six months happens to be in excess by 50 per cent of the total amount of incomes by premiums for the same period at the end of March or September of each year, the Labor Minister shall, after consulting with the National Employment Security Advisory Committee, recommend the changing to raise up the premium rate to the Diet.
Articles 31 and 32 shall be amended as follows:
(Amount of premium to be paid)
Article 31. The amount of premiums to be paid shall be a sum obtained by multiplying the total amount of wages which was paid by the employer to all the insured persons whom he employs (except the insured person of day labor provided for in Article 38-(5) by the premium rate in every month. In case, however, there is an old amount less than one yen in calculating the amount of premiums it shall be cut off.
(Insurance Premium)
Article 32. In principle, the insured person and employer who employs the insured persons (hereinafter called the "employer" ) shall each pay one half of the amount of premiums.
The monthly amount of premiums borne by the insured person shall be calculated according to the Unemployment Insurance Premium Table issued by the Labor Minister after consulting with the National Employment Security Advisory Committee.
The monthly amount of premiums borne by the employer shall be the amount calculated according to the provisions of the preceding Article minus the sum of the premiums borne by the insured persons.
In Article 33, "the employee's portion of the premium which he is responsible for paying the insured from the wage according to the provisions of the preceding article" shall read "the amount equal to the amount of premiums calculated according to the provisions of paragraph 2 of the preceding Article which is to be borne by the insured persons" .
Article 34 shall be amended as follows:
(Report and payment of premium amount)
Article 34. The employer must submit the report, in which mentioned the amount of wages paid to the insured persons whom he employs in the month in which he has presented the report stipulated in Article 6, paragraph 2 or in which the sanction provided for in Article 8, paragraph 1 has been granted and every month thereafter also and the amount of premiums payable and the other necessary matters, by the end of the following month and must pay the premiums described in the report to the government at the same time.
In case the matters described in the report submitted according to the provisions of the preceding paragraph are found to be different from the actual fact, the employer must promptly submit the report stated the revised matters (hereinafter called the "revised report" ) to the Government within seven days as from the date when he found the fact and in case the amount of premiums paid is less than the proper amount of premiums payble he must, at the same time, pay the deficit.
In case it is deemed unavoidable not to submit the report within the specified term on account of communication, correspondence or other circumstances, the Government may put off the term of submitting the report specified in paragraph 1 according to the provisions of the Ministerial Ordinance.
The following three Articles shall be added next to Article 34.
(Decision and correction of premium amount)
Article 34-(2). In case the employer fails to submit the report within the term specified in paragraph 1 of the preceding Article, or in case it is found that the amount of premiums described in the report or the revised report is less than the proper amount of premiums payable, the Government may assess the amount of premiums payable or correct the amount of premiums paid according to the provisions of the Ministerial Ordinance.
In case the employer fails to submir the report provided for in Article 6, paragraph 2 or has submitted it after the lapse of the specified term, the Government may assess the premiums to be paid by the employer retroactively to the date on which the employer has come under the provisions of Article 6, paragraph 1. However, the Government shall not assess the premiums for more than six months prior to the month in which demand for report provided for in Article 6, paragraph 2 was made.
In case of being assessed or corrected the amount of premiums, according to the provisions of the preceding two paragraphs, the assessed amount or increased amount by correction shall be paid to the government within 14 days as from the day of being assessed or corrected.
(Appropriation or refund of premiums)
Article 34-(3). In case it is found that the amount of premiums paid by the employer is in excess of the proper amount of payable, the Government may, according to the provisions of the Ministerial Ordinance, refund the amount of premiums in excess to the employer or appropriate it as advance premiums to future premiums payable within the ensuing six months from the following month of the month in which the premiums were paid.
In case of the preceding paragraph, the provisions of Article 31-(6) of the National Tax Collection Law (Law No.21, 1897) shall be applicable mutatis mutandis.
(Forfeit)
Article 34-(4). In case the employer has paid the premiums less than the proper amount of premiums or in case he fails to pay premiums within 14 days of the specified time the Government shall collect the forfeit according to the provisions of the Ministerial Ordinance.
The forfeit provided for in the preceding paragraph shall be sum mentioned in any of the following items:
1. In case of making the entry differed from the fact intentionally, a sum obtained by multiplying the increased amount by correction in accordance with the provisions of Article 34-(2), paragraph 1, by 25 per cent.
2. In case of not submitting the report within 14 days as from the date specified in Article 34, paragraph 1 or coming under the provisions of Article 34-(2), paragraph 2, a sum obtained by multiplying the premium amount paid or the amount of premiums assessed in accordance with the provisions of Article 34-(2), paragraph 1 or 2, by 10 per cent.
3. In case of not submitting the revised report provided for in Article 34, paragraph 2, a sum obtained by multiplying the amount increased by correction in accordance with the provisions of Article 34-(2), paragraph 1, by 10 per cent.
The provisions of proviso of Article 36, paragraph 1, or paragraph 2 of the same Article shall be applicable mutatis mutandis to the case of collection or of calculation of forfeit of the preceding paragraph, and the provisions of Article 34-(2), paragraph 3 shall be applicable mutatis mutandis to the case of payment of forfeit.
In Article 35, paragraph 1, "the premium" shall read "the premiums and other assessments according to the provisions of this Law" and in paragraph 2, "the charge for demand shall be collected in accordance with the provisions of Cabinet Order" shall read "10 yen shall be collected as the charge for demand" .
Article 36 shall be amended as follows:
Article 36. When the urging of premium payment is made according to the provisions of the preceding Article, the Government shall, at the rate of 20 sen per 100 yen per diem, collect interest for delay calculated by the number of days from the following day of the date designated for payment to the day before the date of full payment of premiums or of attachment of the property. In case, however, the amount of premiums for one month on which interest is to be charged is less than 100 yen, the interests shall not be collected.
In case of calculation of interest, the premiums stipulated in the preceding paragraph on which interest is to be charged shall be calculated as a sum rounded to next lower multiples of 100 yen.
The interest provided for in the preceding two paragraphs shall be calculated as a sum rounded to the next lower multiples of one yen.
In case it falls under any of the following items, the interest shall not be collected:
1. In case the assessments are paid in full within the term mentioned in the notice of demand.
2. In case the urging of premium payment is delivered by the method of public announcement because the domicile of a liable employer is unknown.
3. In case the amount of interests is less than ten yen.
Chapter V shall be amended as follows:
Chapter V. Special Measures for the Insured Persons of Day Labor
(Day laborer)
Article 38-(2). In this Law, the day laborer is defined as the worker who comes under any of the following items. However, this stipulation shall not be applied to the worker who has been employed by the same employer for 18 or more days in each of the preceding two months or for 60 days or more in total during the preceding six months:
1. Workers who are employed day by day.
2. Workers who are employed for a specific term of employment of less than 30 days in the current month.
No Tlanslation
Article 38-(3). To the insured person of day laborer who comes under any of the following items, the provisions of this Chapter shall be applied:
1. In case he lives inside the limit of city (including the ward-area of Tokyo Metropolis) town or village in which Public Employment Security Office is located and neighbouring city, town or rural area designated by the Labor Minister (hereinafter called the "covered area" ) and is employed by the employer mentioned in Article 6, paragraph 1 or by the employer who is granted the sanction provided for in Article 8, paragraph 1 (hereinafter called the "employer" ).
2. In case he lives outside the covered area and is employed by the employer whose workingplace is located inside the covered area.
3. In case he lives outside the covered area and is employed by the employer whose working place, which is designated by the Labor Minister in accordance with the condition of labor market of day labor or other circumstances, is located outside the covered area.
The insured person of day labor must make a report on the fact that he comes under any of the items of the preceding paragraph within five days as from the date of his coming under any of the items of the preceding paragraph to the Public Employment Security Office and receive the Book of Insured Person of Day Labor.
Article 38-(4). In case the day laborer, who does not come under the provisions of paragraph 1 of the preceding Article, is employed by the employer, he may become the insured person of unemployment insurance with sanction of the Chief of Public Employment Security Office.
The day laborer, who has been granted the sanction of the preceding paragraph, shall receive the Book of Insured Person of Day Labor at the Public Employment Security Office.
The provisions of this Chapter shall be applicable to the day laborer who has become the insured person according to the provisions of paragraph 1.
Article 38-(5). As to the day laborer who comes under the provisions of the preceding two Articles (hereinafter called the "insured person of day labor" ), the provisions of Article 6, paragraph 2, Articles 9 and 10, from Article 13 to Article 20, Article 21, paragraph 1, Article 22, Article 23, paragraph 1, Article 24, Article 27, from Article 30 to Article 32, from Article 34 to Article 34-(4) and Article 49, paragraph 2 shall not be applied.
In case the insured person of day labor has been employed by the same employer for 18 or more days in each of two months, or for 60 days or more in total during the calendar six months the provisions of this Chapter shall not be applied as from the first day of the following month.
(Requisites for receipt)
Article 38-(6). In case the insured person of day labor is unemployed, when the insurance premiums for 32 or more days in total have been paid for him during the immediate previous two months of the month in which he is unemployed, he can receive the insurance benefits.
When the insured person of day labor has been employed by the same employer for 18 or more days in each of the calendar two months or for 60 days or more in total during the calendar six months and is unemployed in the following month of that month and comes under the provisions of the preceding paragraph, he may receive the insurance benefits stipulated in Article 38-(8), irrespective of the provisions of paragraph 2 of the preceding Article.
Article 38-(7). In case a person who is eligible to receive the insurance benefits provided for in Article 17 comes under the provisions of the preceding Article, when he has received the insurance benefits of Article 17, the insurance benefits provided for in the preceding Article shall not be paid for a period for which he has received the insurance benefits of Article 17.
In case of the preceding paragraph, when he has received the insurance benefits provided for in the preceding Article, the insurance benefits of Article 17 shall not be paid for a period for which he has received the insurance benefits of the preceding Article.
(Daily amount of benefits)
Article 38-(8). The daily amount of insurance benefits shall be 140 yen, the 1st class, and 90 yen, the 2nd class.
(Payment of benefits)
Article 38-(9). In case the insurance premiums for 32 days in total have been paid for him during the immediate previous two months of the month in which he is unemployed, the insurance benefits shall be paid for thirteen days in total, and in case the insurance premiums for more than 32 days have been paid in the month in which he is unemployed, the insurance benefits for one day shall be paid in addition to thirteen days benefits for each four days premiums in excess of 32 days premiums. However, the benefits shall not be paid for more than 17 days in total.
The insurance benefits to be paid according to the provisions of the preceding paragraph shall be paid in accordance with the following items:
1. The first class insurance benefits shall be paid for a person for whom the first class premiums have been paid for 32 days or more.
2. The second class insurance benefits shall be paid to a person for whom the first class premiums have been paid for less than 32 days.
To receive unemployment insurance benefits a person who comes under the provisions of Article 38-(6) must 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 the Ministerial Ordinance.
The unemployment insurance benefits shall be paid at the Public Employment Security Office on each day on which the recognition of his unemployment is made.
The benefits shall not be paid until after he has received the recognition of his unemployment for five continuous days or for seven days in total which will be the waiting period within the month.
After six months from the date of the enforcement of this Law, if the Labor Minister finds at any time that the total amount of premiums collected has exceeded the total amount of benefits paid by 20 per cent or more during the preceding four months, he shall reduce the waiting period provided for in the preceding paragraph to "continuous four days" and "six days in total" respectively. If at any time he finds that the total amount of benefits paid has exceeded the total amount of premiums collected by 20 per cent or more during the preceding four months, he shall raise the waiting period to "continuous six days" and "nine days in total" respectively.
(Restriction on benefit)
Article 38-(10). In case a day laborer who is eligible to receive the insurance benefits refuses to accept a job to which he is referred by the Public Employment Security Office, the insurance benefits shall not be paid and waiting period credit shall not be given for seven days in total as from the day when he refuses to accept the job. However, in case he comes under any of the following items, this shall not be applied:
1. In case it is found that the job to which he is referred is unsuitable as compared with his ability.
2. In case the wage of the job to which he is referred is unreasonably lower than the prevailing wage of other day laborers of the same kind in the locality.
3. In case he is referred in violation of the provisions of Article 20 of the Employment Security Law to the working-place where a labor dispute is arising.
4. In case there are other sufficient reasons.
In case a person receives or attempts to receive day labor unemployment insurance benfits by means of a false statement or other unfair conducts, the insurance benefits shall not be paid to him in the month in which he has made the above false conducts and for the following three months.
The provisions of Article 21, paragraph 2 and Article 23, paragraph 2 shall be applied mutatis mutandis to the case of paragraph 1 and of the preceding paragraph respectively.
(Amount and payment of premium)
Article 38-(11). The premium amount per day shall be 6 yen, first class;and 5 yen, second class. The first class premiums shall be paid with respect to the insured person of day labor who is paid 160 or more yen per diem and second class premiums shall be paid with respect to the insured person of day labor who is paid less than 160 yen per diem.
The premium amount borne by the insured person of day labor shall be 3 yen as to the first class and shall be 2 yen as to the second class and the premium amount borne by the employer shall be 3 yen as to both of the first and second classes.
The daily amount of premiums provided for in paragraph 1 may be changed by the Labor Minister after consulting with the National Employment Security Advisory Committee, in case of emergency, if when any time the total amount of premiums collected minus the total amount of benefit payments is smaller than one half of the anticipated benefit payment for next six months and the Labor Minister can not recommend the changing of the daily amount of premiums to the Diet on account of being out of session of the Diet or of dissolution of the House of Representatives. The provisions of Article 30, paragraph 4 shall be applied mutatis mutandis to the above case.
(Duty and method of payment of premiums)
Article 38-(12). The employer shall be responsible for paying the portion of the insurance premiums borne by the insured person of day. labor whom he has employed by using the Unemployment Insurance Premium Stamp at each time of payment of wages.
The employer shall pay premiums by putting the Unemployment Insurance Premium Stamp on the Book of Insured Person of Day Labor and must cancel the Unemployment Insurance Premium Stamp with an ink stamp.
When the employer employs the insured person of day labor, the employer must receive the Book of Insured Person of Day Labor from the insured person of day labor whom he employed and the employer must return it to the insured person at any time when the insured person of day labor demands.
The necessary matters concerning the Book of Insured Person of Day Labor, the Unemployment Insurance Premium Stamp, the procedure of payment of premiums and the others shall be provided for in the Ministerial Ordinance.
(Assessment of the amount of premium and forfeit)
Article 38-(13). In case the employer fails to pay the insurance premiums provided for in the preceding Article, the Government shall assess the amount of premiums to be paid by him according to the investigation made on him.
In case the employer fails to pay the insurance premiums provided for in the preceding Article without justifiable reasons, the Government shall, in accordance with provisions of the Ministerial Ordinance, collect the forfeit equaled to the amount of 25 per cent of the insurance premiums assessed according to the provisions of the preceding paragraph.
The provisions of proviso of Article 36, paragraph 1, or paragraph 2 of the same Article shall be applied mutatis mutandis to the case of calculating or of collecting the forfeit and the provisions of Article 34-(2), paragraph 3 shall be applicable mutatis mutandis to the case of payment of the forfeit of the preceding paragraph.
(Keeping the books and submitting the report)
Article 38-(14). In case the employer employs the insured person of day labor, he must keep the books to record the Unemployment Insurance Premium Stamp in each of his working place and must report the matters concerning the Unemployment Insurance Premium Stamp to the Government according to the provisions of the Ministerial Ordinance by the last day of the following month.
(Adjustment of eligibility)
Article 38-(15). In case the insured person of day labor has been employed by the same employer for 18 or more days in each of the calendar two months and its unemployed in the following month, the previous two months of the month in which he is unemployed may be calculated as a completed month of employment in calculating the period for being insured provided for in Article 14. However, in case he receives the insurance benefits according to the provisions of Article 38-(6), paragraph 2, this shall not be applied.
Chapter VI takes the part of the Chapter VII and so on, and the following one Chapter shall be inserted as Chapter VI.
Chapter VI. Consultative Body
(Consultative Body)
Article 39. The Labor Minister must determine the important matters concerning the administration of the unemployment insurance program after consultating with the National Employment Security Advisory Committee provided for in Article 12 of the Employment Security Law.
When deemed necessary, the National Employment Security Advisory Committee may make suggestions to the administrative agencies concerned, or may request necessary reports concerning the administration of the unemployment insurance program in addition to consulting with the Labor Minister.
In Article 41, paragraph 3, "the qualified recipient or employers" shall read "the qualified recipient, those who request for hearing or the employers who employed the qualified recipient" , and paragraph 2 of the same Article shall be deleted.
In Article 43, "the insured" shall read "insured persons (including insured persons of day-labor, and hereinafter the same shall apply)" .
In Article 47, paragraph 1, "unemployment insurance benefits" shall read "unemployment insurance benefits or the expenses required for removal provided for in Article 27" .
In Article 50, "a qualified recipient" shall read "a qualified recipient (including the person who comes under the provisions of Article 38-(6) and hereinafter the same shall apply)" .
In Article 52, "Cabinet Order" shall read "Ordinance" .
Articles 53 and 54 shall be amended as follows:
Article 53. In case the employer meets any of the following item, he shall be subject to imprisonment of not more than six months or to a fine not exceeding fifty thousand yen:
1. In case he fails to make a report or makes false report in violation of the provisions of Article 6, paragraph 2.
2. In case he violates the provisions of Article 8, paragraph 3.
3. In case he failes to pay the premiums deducted from the wages of insured persons according to the provisions of Article 33, or premiums borne by the insured person which has been collected from them within the term of payment for in Article 34, paragraph 1.
4. In case he submits the report or revised report, in which the false matters are entered, or fails to submit the revised report in violation of the provisions of Article 34, paragraph 1 or 2.
5. In case he fails to put the Unemployment Insurance Premium Stamp on the Book of Insured Person of Day Labor or not to make cancel on them in violation of the provisions of Article 38-(12), paragraph 2.
6. In case he does not keep the books or fails to make a report or makes false report in violation of the provisions of Article 38-(14).
7. In case he refuses to deliver the certificates in violation of the provisions of Article 49, paragraph 2.
8. In case he fails to make a report, makes a false report fails to submit documents, submits the documents in which entered the false matters or fails to present himself in the offices in violation of the provisions of Article 41, paragraph 2 or Article 49, paragraph 1.
9. In case he fails to make an answer or makes a false answer to a question or refuses, interrupts or evades the inspection of the competent officials in violation of the provisions of Article 51.
Article 54. In case an insured person, qualified recipient and the other interest person meets any of the following items, he shall be subject to imprisonment of not more than six months or to a fine not exceeding thirty thousand yen:
1. In case he fails to make a report or makes a false report in violation of the provisions of Article 38-(3), paragraph 2.
2. In case he fails to make a report, makes a false report, fails to submit documents, submits the documents in which entered the false matters, or fails to present himself in the offices in violation of the provisions of Article 41, paragraph 2 or Article 50.
3. In case he fails to make an answer or makes false answer to a question or refuses, interrupts or evade the inspection of the competent officials in violation of the provisions of Article 51.
Paragraphs 2 and 3 of the Supplementary Regulations shall be deleted.