Draft Ministerial Ordinance Amending the Enforcement Regulations of the Employment Insurance Act

The 2024 Noto Peninsula earthquake reduced business activity and disrupted local employment. Japan's existing disaster employment-stability scheme supports secondments that keep employees attached to the originating employer while another business temporarily accepts their labour. This makes retention possible without assuming that the original workplace can immediately resume normal operations.

Under the current scheme, eligible secondments last one month to two years and contracts must fall within the existing scheme period ending on 31 December 2026. MHLW specifically cites conditions in the jurisdictions of the Nanao and Wajima public employment security offices in explaining the extension; this reference alone does not establish that the scheme is restricted to those two jurisdictions. Extending time support while asking originating employers for a reopening plan aims to distinguish temporary disaster recovery from indefinite wage support.

Sources: [1] [2]

MHLW established the disaster-specific incentive on 17 December 2024. The official consultation outline records existing subsidy rates of 4/5 for small and medium-sized enterprises and 2/3 for other businesses, subject to an upper limit of 9,110 yen per person per day. These are descriptions of the current scheme, not new obligations.

On 2 November 2026, MHLW published a proposal under Article 62(2) of the Employment Insurance Act (Act No. 116 of 1974; Showa 49), with public comments accepted through 1 December 2026. The proposal would extend eligible secondment duration to three years while limiting subsidised time to 31 December 2027, add a workplace-reopening plan condition, and lower rates for originating employers first filing a secondment plan on or after 1 January 2027.

1. 2026-11-02 — MHLW opened public consultation on the draft amendment [1]
2. 2026-12-01 — Deadline for public comments [1]

The timeline of related official records below lists the records this dashboard has matched.

Sources: [1] [2]

Confirmed next steps

• The draft was released for consultation on 2 November 2026, with comments due on 1 December 2026. [1] [2]

Expected procedural steps

The usual procedure for this kind of instrument; not a forecast for this reform.

• MHLW's consultation outline envisages promulgation in late December 2026 and commencement on promulgation; neither is a confirmed legal event as of verification.

Outstanding uncertainties

• Final provisions, any changes following consultation, and actual promulgation and commencement must be checked against the issued ordinance. The proposed lower rates must not be presented as already binding.

For affected originating employers, the proposed extension may preserve a route to retention while recovery continues. The additional reopening-plan condition would require clearer evidence of an intended return to operations; that condition remains a proposal pending enactment.

For employers submitting their first secondment plan on or after 1 January 2027, the draft would lower the incentive rate from 4/5 to 2/3 for SMEs and from 2/3 to 1/2 for other businesses. Employers should not apply the proposed rates prematurely and should check the relevant plan submission date and official eligibility criteria.

Points to check

• Check the originating employer's eligibility under the official Noto disaster scheme, including the earthquake-related economic impact, and document the intended resumption of business.
• Compare existing and proposed secondment periods, application timing and subsidy rates; consult the public-comment materials before 1 December 2026.

Sources: [1] [2]