MHLW Ordinance No. 149 Sets Secondment Incentives for Kumamoto Earthquake Victims

The Ministry of Health, Labour and Welfare promulgated Ministry of Health, Labour and Welfare Ordinance No. 149, which partially amends the Ordinance for Enforcement of the Employment Insurance Act, in the Official Gazette dated October 22, 2026. This ordinance establishes the Reiwa 8 Kumamoto Earthquake Disaster Special Human Resource Securing Support Course Incentive under the Industrial Employment Stability Grant, defining the payment requirements for employers who accept seconded employees from employers forced to scale down business activities within Kumamoto Prefecture. The ordinance comes into effect on the date of promulgation, and the amended provisions apply to secondments occurring on or after October 1, 2026.

The legal basis for the amendment is Article 62, Paragraph 2 of the Employment Insurance Act (Act No. 116 of 1974), taking the form of adding Article 15-4-6 to the Supplementary Provisions of the Ordinance for Enforcement of the Employment Insurance Act (Ministry of Labour Ordinance No. 3 of 1975). This article stipulates that, in addition to those provided for in the Ordinance as Industrial Employment Stability Grants, this incentive shall be paid for the time being. The ordinance was signed by Minister of Health, Labour and Welfare Kenichiro Ueno.

Payment Requirements for Both the Seconding and Receiving Employers

Eligibility for payment is limited to cases where the requirements for both the side with the affected business office and the receiving side are met.

• The seconding employer must be an employer of a business office located within Kumamoto Prefecture who, due to the Reiwa 8 Kumamoto Earthquake, was forced to rapidly scale down business activities at said business office for economic reasons associated with the earthquake.
• The seconding employer must have concluded a contract regarding the secondment with the employer who hires the seconded person (the receiving employer) in advance.
• The secondment must be based on a secondment plan submitted to the Director of the Prefectural Labour Bureau.
• The seconding employer must maintain documents that clarify the secondment status and the status of wage burdens for the seconded person.
• Among the insured persons hired by the receiving employer, those whose continuous employment period is less than six months as of the day before the initial secondment date, insured persons who have been given notice of dismissal, and daily laborers are excluded from eligibility.

Eligible Secondment Period and Conditions for Return

Secondments eligible for payment are limited to a specific timeframe.

• The first day of the secondment period must be between October 1, 2026, and September 30, 2027.
• The secondment period must be one month or longer.
• The secondment must end within one year from the date the secondment began.
• After the end of the secondment, the person must return to the business office of the seconding employer associated with said secondment.

Cases of Non-Payment and Mutatis Mutandis Application of Other Provisions

The ordinance also includes provisions to prevent duplicate receipts and cyclical secondments.

• If the sending employer hires an insured person who is eligible for benefits intended to ensure employment stability for other employers (Employment Promotion Benefit) through secondment or mediation, the benefit shall not be paid to said insured person.
• If the receiving employer had seconded their own insured persons at the time of hiring an insured person from the sending establishment, or had provided mediation for leave of absence or hiring, the benefit shall not be paid.
• Benefits shall not be paid to the State, etc.
• Mutatis mutandis application of the provisions of Article 120-2 and Article 140-3 shall apply, and the payment amount shall be calculated within a framework that includes categories based on the number of insured persons at the receiving establishment (10 or more but fewer than 500, 500 or more).

Special Provisions for Leave of Absence and Deletion of Former Provisions

Under the same ministerial ordinance, provisional measures regarding leave of absence for disaster-affected establishments were also revised. The newly established Article 15-4-4 stipulates that for leave of absence etc. implemented by an employer located within the area of Kumamoto Prefecture who was forced to rapidly scale down business activities, the provisions of Article 102-3, Paragraph 2, Item 2 shall not apply, provided that the first day of the target period is within six months from July 28, 2026. Additionally, the former Article 15-4-5 was deleted, and the article numbering was reorganized.

This incentive is a mechanism to support the securing of human resources for the receiving employer while maintaining the employment of insured persons enrolled in establishments in disaster-affected areas. Since the first day of the eligible secondment must be by September 30, 2027, and return to the original post and completion within one year are requirements, eligible employers must proceed quickly with the notification of secondment plans and the preparation of documentation.

Source: Ministry of Health, Labour and Welfare Ordinance No. 149 (Ministerial Ordinance to Partially Amend the Enforcement Regulations of the Employment Insurance Act), promulgated October 22, 2026, Minister of Health, Labour and Welfare, Kenichiro Ueno. The legal basis is Article 62, Paragraph 2 of the Employment Insurance Act (Act No. 116 of 1974), and the subject of the amendment is the Enforcement Regulations of the Employment Insurance Act (Ministry of Labour Ordinance No. 3 of 1975).