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Local Public Service Law (地方公務員法・地方財政法・地方交付税法)

 事業名 地方自治情報啓発研究
 団体名 自治総合センター 注目度注目度5


Chapter III. Standards Applicable to the Personnel
(Principle of Equal Treatment)
Article 13. In the application of this Law, all of the people must be treated equally and must not be discriminated because of race, creed, sex, social status, or family origin, or because of political opinion or political affiliations, except for the cases provided for in Article 16 item 5.
(Principle of Adaptation)
Article 14. The local public bodies must adopt suitable measures from time to time to see that the compensation, work hours, and other working conditions fixed in accordance with this Law are adapted to the prevailing social condition.
Section 2. Appointment
(Basic Standard for Appointment)
Article 15. Appointments of the personnel must be made in accordance with the provisions of this Law on the basis of the record of examination, merits in the performance of duty, or other demonstrations of ability.
(Disqualification Clause)
Article 16. A person who falls under any of the following items cannot become a member of the personnel or participates in competitive examination or selection, except for cases provided for by bylaws:
  (1) An incompetent or quasi-incompetent person;
  (2) A person who has been sentenced to a penalty heavier than imprisonment without hard labor and whose sentence has neither been executed nor become unenforceable;
  (3) A person who has been subjected by the local public body concerned to an action of disciplinary dismissal, from the date of which two years have not elapsed;
  (4) A person who, while in office as a member of the personnel commission or equity commission, has committed any of the offenses provided for in Chapter V and been sentenced to a penalty;
  (5) A person who, on and after the date of the coming into force of the Constitution of Japan, has formed or joined a political party or any other organization that advocates the overthrow by violence of the Constitution of Japan or the Government formed thereunder.
(Method of Appointment)
Article 17. In cases where a vacancy has occurred in the positions of the personnel, the appointing authorities may make an appointment by any one of the following means: initial appointment, promotion, demotion or transfer.
2. In local public bodies with the personnel commission, the personnel commission may fix the general standards by which the appointing authorities shall choose any of the means mentioned in the preceding paragraph.
3. In local public bodies with the personnel commission, the initial appointment or promotion of the personnel shall be made through competitive examination. However, it may be made by selection in cases where, with respect to positions designated by the personnel commission, the approval of the personnel commission has been obtained.
4. In local public bodies without the personnel shall be made through competitive examination or by selection.
5. The personnel commission (in local public bodies without the personnel commission, it shall be the appointing authorities; the same hereinafter in Articles 18 and 19 and Article 22 paragraph) may provide necessary matters concerning the eligibility, procedure for appointment, and initial status upon appointment and from which they have been separated as a result of abolition of positions or supernumeracy due to an amendment or abrogation of the regulations for the organization of employment or the bylaw concerning the fixed number of personnel, or due to a reduction in funds.
(Competitive Examination and Selection)
Article 18. Competitive examination or selection shall be conducted by the personnel commission. However, the personnel commission may conduct competitive examination or selection, jointly with an agency of the other local public body through consultation, or, by an mutual agreement, with an agency of the National Government or of the other local public body, entrust it to such agency.
2. The personnel commission may, in cases where there is no employment eligible list provided for in Article 21 paragraph 1 for such positions of the personnel as it may specify and if it believes it to be necessary for the operation of personnel administration, consider a person who has passed the competitive examination or selection of the National Government or other local public bodies corresponding to the competitive examination or selection for those positions of the personnel as having passed the selection for such positions.
(Eligibility for Examination)
Article 19. Competitive examinations shall be open and on equal terms to all persons who meet the requirements fixed by the personnel commission. NO person belonging go any examination body nor personnel shall obstruct the taking of examination or furnish any special or secret information for the purpose of giving undue influence concerning the taking of the examination.
2. The personnel commission shall fix, as necessary qualifications for the examinees, minimum and appropriate, objective and uniform requirements necessary for the performance of duty.
3. Promotional examinations shall be open only to persons in the regular services who have regular status in classes designated by the personnel commission.
(Object and Method of Competitive Examination)
Article 20. Competitive examination shall have as its object the accurate measurement of the relative abilities of the persons examined to perform the duties of the particular class for which the examination is given. It shall be in writing or in the form of oral tests, physical examination, and evaluation of personality, character, education, experience, aptitude, intelligence, skill, common sense, professional knowledge and adaptability or combination of thereof.
(Preparation of Eligible Lists and the Method of Appointment therefrom)
Article 21. For the employment of the personnel through competitive examination in local public bodies with the personnel commission, the personnel commission shall prepare employment eligible lists (entrance eligible list or promotion eligible list) for every examinations.
2. In the entrance eligible list or promotion eligible list, the full names and marks of persons who have scored the qualifying marks or more shall be entered in the order of their marks.
3. The initial appointment or promotion of the personnel in terms of the entrance eligible list or promotion eligible list shall be made, for each person to be initially appointed or promoted, from among five applicants certified by the personnel commission and ranking highest by the marks scored in the entrance examination or promotion examination out of those who have been entered in the relevant list.
4. If the number of names available on the entrance eligible list or promotion eligible list is fewer than the number of applicants to be certified by the personnel commission, it may certify by adding names available on the other most appropriate entrance eligible list or promotion eligible list.
5. Besides the provisions of the preceding four paragraphs, necessary matters concerning the preparation of employment eligible lists and means of appointment thereby must be fixed by rules of the personnel commission.
(Conditional Employment and Temporary Appointment)
Article 22. All initial appointments of personnel, other than temporary appointments or appointments of part-time positions, shall be conditional and shall become regular employment when they have served in their positions with conditional status for a period of six months and performed their duties satisfactorily during such period. In such case, the personnel commission may prescribe for any class a longer period of conditional employment not to exceed one year.
2. In local public bodies with the personnel commission, the appointing authorities may, in accordance with the provisions of rules of the personnel commission, make temporary appointments for a period not exceeding six months with the approval of the personnel commission, in the case of emergency or to positions of a temporary nature or in cases where there is no employment eligible list. In such case, the appointments may, upon the approval of the personnel commission, be renewed for an additional period not exceeding six months but not more than once.
3. In the case under the preceding paragraph, the personnel commission may, with reward to temporary appointments, specify qualifications of persons to be appointed.
4. The personnel commission may cancel any temporary appointment that violates the provisions of the preceding two paragraphs.
5. In local public bodies without the personnel commission the appointing authorities may make temporary appointments for a period not exceeding six months, in the case of emergency or to positions of a temporary nature. In such case, the appointing authorities may renew such appointments for an additional period not exceeding six months but not more than once.
6. Temporary appointments shall be no cause for any precedence whatsoever on the occasion of regular appointment.
7. Besides the provisions of the preceding four paragraphs, this Law shall be applied to temporary appoitntees.
Section 3. Position Classification
(Basic Standard for Position Classification System)
Article 23. The local public bodies with the personnel commission shall adopt position classification system.
2. Plans concerning position classification system shall be fixed by bylaws.
3. Necessary matters relating to implementation of plans concerning position classification system shall be fixed by rules of the personal commission in accordance with bylaws mentioned in the preceding paragraph.
4. The personnel commission must classify the position of the personnel by kinds of duties and by degrees of complexity and responsibility.
5. In position classification system, the positions of the personnel must be classified into ones granting that the same qualification for the positions in the same class under the same conditions of employment may be reasonably required and that those who are occupying such position must be equitably paid.
6. In implementation of plans concerning position classification system, the personnel commission must rate every position of the personnel to every each class.
7. The personnel commission must constantly review the ranking of positions of the personnel and, if necessary, revise it.
8. The local public bodies, if it adopts the position classification system, must not make any classification of the positions of the personnel without any basis of the system. However, this classification shall not prevent them from using names of organizations or other official names in order to achieve public convenience in operation of administrative organization and so on.
9. In fixing and implementing plans concerning position classification system, adequate consideration must be given that they should correspond to those of the national government and other local public bodies.
Section 4. Compensation, Work Hours, and other Working Conditions
(Basic Standard for Compensation, Work Hours, and other Working Conditions)
Article 24. The compensation of the personnel must be paid according to their duties and responsibilities.
2. The purport of the provision of the preceding paragraph shall be achieved as soon as possible.
3. The compensation of the personnel must be fixed considered about cost of living and the compensation and other circumstances of the personnel of the national government and other local bodies, and of the employees of private enterprises.
4. The personnel must not receive other compensation for any position they may hold concurrently.
5. In fixing work hours and other working conditions than compensation of the personnel, adequate consideration must be given that they should not be out of proportions between the personnel of the national government and the personnel of other local public bodies.
6. The compensation, work hours and other working conditions of the personnel shall be fixed by bylaws.
(Bylaw concerning Compensation and the Determination of Amount of Pay)
Article 25. The compensation of the personnel must be paid in accordance with the bylaw concerning compensation provided for in paragraph 6 of the preceding Article, and, no money or valuables without any bases of the bylaw can be given to the personnel.
2. The compensation of the personnel must be paid in the currency, directly and in full to the personnel, except for cases especially provided for by laws or bylaws.
3. The bylaw concerning compensation shall provide for the followings.
  (1) Pay scale;
  (2) Details concerning the standards for increase of pay.
  (3) Details concerning the compensation for overtime work, night and holiday duty;
  (4) Details concerning the allowance for service in special designated areas, for hazardous jobs and for other extraordinary services, and allowance for its personnel who have dependents, in cases where such allowance are given;
  (5) Details concerning the adjustment of compensation with regard to the positions of the part-time service, positions of the personnel for which the necessary facilities for living are wholly or partially supplied at official expense and other positions with special working condition, in cases where such positions are set up;
  (6) Details concerning the compensation for positions in applying position classification to them for the first time in the local public bodies where position classification is adopted,;
  (7) Details concerning the means and conditions of payment of the compensation besides the provisions of the preceding items.
4. The personnel commission must formulate a plan on pay scale compatible with position classification thorough, if necessary, investigation and studies, and submit it simultaneously to the assembly and the head of the local public body.
5. The definite salary range for every class provided for by position classification shall be fixed by the pay scale in the local public body where position classification is adopted,.
6. The salary must be paid to the personnel at the rates, fixed by the pay scale, for the classes of their respective positions provided for by position classification in the local public body where position classification is adopted.
(Report and Recommendation on the Pay Scale)
Article 26. The personnel commission shall make a report simultaneously to the assembly and the head of the local public body at least once a year as to whether the pay scale is adequate. It may make, at the same time, a suitable recommendation therewith if it considers it appropriate to increase or decrease the salary fixed by the pay scale on account of changes of some conditions determining salary.








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成果物アクセスランキング
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成果物アクセス数
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集計期間:成果物公開〜現在
更新日: 2017年10月14日

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