On 2 November 2026 Japan's Ministry of Health, Labour and Welfare (MHLW) published a draft ordinance partially amending the Ordinance for Enforcement of the Employment Insurance Act and opened public comment. Comments close on 1 December 2026.
According to the published material, the revision extends the time limit of the Industrial Employment Stabilisation Subsidy (disaster special measure course for securing human resources). The subsidy is paid to both the sending and the receiving employer where an employer, forced to scale back its business sharply by the economic effects of the 2024 Noto Peninsula Earthquake, keeps insured workers employed through secondment (zaiseki-gata shukko, where the worker stays employed by the original employer).
This page sets out what MHLW published, together with the statutory wording.
Overview of the consultation
| Item | Details |
|---|---|
| Case number | 495260245 |
| Title | Draft ordinance partially amending the Ordinance for Enforcement of the Employment Insurance Act |
| Legal basis (as stated on the case page) | Article 62(2), Employment Insurance Act |
| Date published | 2 November 2026 |
| Comment deadline | 1 December 2026 (must arrive by this date) |
| Responsible office | Labour Mobility Support Office, Employment Policy Division, Employment Security Bureau, MHLW |
| Planned promulgation | Late December 2026 |
| Entry into force | Day of promulgation |
The current scheme (as described by MHLW)
MHLW's summary describes the current scheme as follows. Where an employer forced to scale back its business temporarily by the economic effects of the 2024 Noto Peninsula Earthquake keeps workers employed through secondment, part of the wages borne by the sending and receiving employers during the secondment is subsidised.
| Item | SMEs | Other employers |
|---|---|---|
| Subsidy rate | Four fifths | Two thirds |
| Cap | JPY 9,110 per person per day | Same |
| Eligible period | One month to two years | Same |
According to the summary, the subsidy was created on 17 December 2024 and currently covers secondments of between one month and two years under a secondment contract setting the secondment period between 17 December 2024 and 31 December 2026.
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The summary lists the following changes:
- Taking into account the situation in the areas covered by the Nanao and Wajima Public Employment Security Offices, the eligible secondment period is extended by one year, to between one month and three years
- Where a secondment ends after 31 December 2027, only the period up to that date is covered
- A new requirement is added for sending employers: they must have prepared a plan to resume business at the workplace
- For sending employers who first submit a secondment plan on or after 1 January 2027, the subsidy rate is reduced to one half (two thirds for SMEs)
- Other necessary amendments
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Statutory wording
The subsidy is set out in Article 15-4-4 of the Supplementary Provisions of the Ordinance for Enforcement of the Employment Insurance Act. Paragraph (1) provides that, for the time being, the disaster special measure course subsidy is paid as part of the Industrial Employment Stabilisation Subsidy under Article 102-3-3, in addition to what that article provides.
Under the current paragraph (2)(i)(a), the qualifying secondment for a sending employer is one whose first day falls between 17 December 2024 and 31 December 2026, which lasts at least one month and ends within two years of the start of the secondment, and after which the worker returns to the sending employer's workplace.
The same item also requires that wages during the secondment are broadly equivalent to the worker's usual wages before the secondment (b), that there is a written agreement with the trade union or equivalent on how the secondment is carried out (c), that the worker has consented (d), and that the secondment follows the secondment plan (e). The workplaces concerned are those located in the areas covered by the Nanao and Wajima Public Employment Security Offices (Supplementary Provisions, Article 15-4-3(1) and Article 15-4-4(2)(i)).
Article 62(2) of the Employment Insurance Act, cited as the legal basis, provides that the standards necessary for carrying out the programmes listed in paragraph (1) are set by MHLW ordinance.
Sources
- e-Gov Public Comment, draft ordinance (case no. 495260245; consultation guidelines and summary PDFs): https://public-comment.e-gov.go.jp/servlet/Public?CLASSNAME=PCMMSTDETAIL&id=495260245&Mode=0
- Employment Insurance Act (Act No. 116 of 1974), e-Gov: https://laws.e-gov.go.jp/law/349AC0000000116
- Ordinance for Enforcement of the Employment Insurance Act (Ministry of Labour Ordinance No. 3 of 1975), e-Gov: https://laws.e-gov.go.jp/law/350M50002000003
This page is compiled from material published by government agencies and from statutory text. Please consult a lawyer where a decision is needed on a specific matter.
