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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


Section 5. Status and Disciplinary Punishment
(Basic Standard for Status and Disciplinary Punishment)
Article 27. The status and disciplinary punishment for the personnel must be equitable in every respect.
2. The personnel shall not be subjected, against their will, to demotion or dismissal expect for cases provided for by this law, to temporary retirement except cases provided for by this law or bylaw, or to reduction of pay except for cases provided for by bylaws.
3. The personnel shall be subjected to disciplinary action except for cases provided for by this law.
(Status)
Article 28. When a member of the personnel falls under one of the following cases, he may be demoted or dismissed against his will.
  (1) When his performance of duty is not satisfactory;
  (2) When he is impeded in, or is not equal to, the performance of duty on account of mental or physical in competence.
  (3) When, besides the cases provided for in the preceding two paragraphs, he lacks the qualifications for fitness required for his position;
  (4) When he becomes a supernumerary or his position is abolished due to an amendment or abrogation of the regulations for the organization of employment or the bylaw concerning the fixed number of personnel or as a result of a reduction in funds.
2. When a member of the personnel falls under one of the following cases, he may be temporarily retired against his will;
  (1) When he requires a prolonged period of rest due to mental or physical incompetence.
  (2) When he is prosecuted for a criminal case.
3. The procedure and effect of the demotion, dismissal, temporary retirement and reduction of pay against the will of the personnel must be fixed by bylaws, except for cases specially provided for by laws.
4. In cases where a member of the personnel has come to fall under any of the items of Article 16(Excluding item 3), he shall lose his office, except for cases specially provided for by bylaws.
(Retirement at Fixed Age)
Article 28-2 When a member of the personnel comes to fixed retirement age, he shall retire at the day (called 'fixed retirement day'), which shall be fixed by the first 31 of May after he reaches at fixed retirement age.
2. The fixed retirement day mentioned in the preceding paragraph shall be fixed by bylaws referring to the standard for the personnel of the national government.
3. Other regulations on the fixed retirement day of the personnel in local public bodies, mentioned in the preceding paragraph, can be fixed by bylaw if it is unsuitable for the actual circumstance, on account of the peculiarity in duties and responsibilities or on account of the difficulty of refilling vacancies, to set the fixed retirement day referring to the standard for the personnel of the national government. In such cases, 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.
4. The provisions of the preceding 3 paragraphs shall not be applied to extraordinary workers or workers under tenure fixed by laws, and temporarily employed workers.
(Exception to Retirement at Fixed Age)
Article 28-3 In the case where a member of the personnel who comes to fixed retirement age shall retire in accordance with the provision in paragraph 1 of the preceding Article, if the appointing authority has every reason for admitting that his retirement shall cause a marked impediment to the performance judging by the peculiarity in his duty or the special affairs in the performance of his duty, it can continue to employ, in spite of the provision in paragraph 1 of the preceding Article, that same personnel to that duty till the time fixed by bylaw as long as it is under I year from the following day of his fixed retirement day.
2. In the case where the time limit in the preceding paragraph or the time limit prolonged by this paragraph shall come to the end, the appointing authority have every reason for admitting to still find the affairs provided for in the preceding paragraph, it may prolong it till the time fixed by bylaw as long as it is under I year. However that time limit may not be over 3 years from the following day of his fixed retirement day.
(Reappointment of the Retired Personnel at Fixed Age)
Article 28-4 The appointing authority can employ the retired personnel at fixed age (meaning the personnel who retired in accordance with the provisions in paragraph 1 of Article 28-2, or the personnel who retired after employment in accordance with the provisions in the preceding article, or the personnel who are fixed by bylaw to be equal to those personnel in the view of their working hour, etc, even if he retired before the fixed retirement day. The same hereinafter.) as full-time employee for less than I year judging their previous performance of duty. However this provision can not be applied if they are not at the fixed age of the duty which is supposed to be appointed to them.
2. The term provided for in the preceding paragraph or renewed in accordance with this paragraph may be renewed for a period as long as it is less than 1 year, as provided for by bylaw,
3. The end of the term in accordance with the provisions in the preceding two paragraphs must be before the day provided for by bylaw, from the day in which the person reaches to the age provided for by bylaw to the first 31st of May.
4. The age provided for in the preceding paragraph shall be fixed referring to, as a standard, the age in relation to the end of the term fixed for national government officials.
5. The provision in the paragraph 1 of Article 22 shall not apply to the reappointment in accordance with the paragraph 1.
Article 28-5 The appointing authority can employ the retired personnel at fixed age as short-time employee (meaning his work hour per a week is shorter than one for the personnel with full-time duty which occupies the same kind of position as short-time employee. The same in the paragraph 3 and the paragraph 2 of the next article.) for less than 1 year judging their previous performance of duty.
2. The term of the personnel reappointed in accordance with the preceding paragraph shall be applied to by the provision from the paragraph 2 to 4 of the preceding article.
3. The short-time employee may be appointed as long as he is the retired personnel at the fixed age and has already reached the retirement fixed age for his position in accordance with the provision of the paragraph 1-3 of Article 28-2.
Article 28-6 Besides the provision of the purview in the paragraph 1 of Article 28-4, the appointing authority of the local public body organizing its union can employ the personnel retired at fixed age from its union, and the appointing authority of the union of the local public body can employ the personnel retired at fixed age from the said local public body organizing the said union, as full-time employee for under 1 year judging their previous performance of duty. These cases shall be applied mutates mutandis to by the provision of the proviso in the paragraph 1 and provision in the paragraph 5 of Article 28-4.
2. Besides the provision in the paragraph 1 of the preceding Article, the appointing authority of the local public body organizing its union can employ the personnel retired at fixed age from its union, and the appointing authority of the union of the local public body can employ the personnel retired at fixed age from the said local public body organizing the said union, as short-time employee for under 1 year judging their previous performance of duty. These cases shall be applied mutates mutandis to by the provision in the paragraph 3 of Article 28-3.
3. The term of the personnel reappointed in accordance with the provisions in the preceding 2 paragraphs shall be applied mutates mutandis to by the provisions in the paragraph 2-4 of Article 28.
(Disciplinary Punishment)
Article 29. In case where a member of the personnel falls under one of the following cases, he may be subjected to an action of reproof, reduction in pay, suspension or dismissal as a disciplinary action;
  (1) When he has acted contrary to the this law, or the law prescribing the exceptions under the provision of Article 57, or bylaw, regulations of the local public body or rules fixed by agencies of the local public body issued under these law.
  (2) When he has acted contrary to the duties of his position or has neglected his duties;
  (3) When he is guilty of such misconduct as to render himself unfit to be a servant of the whole community.
2. in cases where the personnel was required to retire by the appointing authority in order to become a local public service personnel in special public service of its local public body, the personnel of other local public body, the personnel of national government or the employee of local public corporation(meaning of Local Public Housing Corporation, Local Public Road Corporation and Local Public Land Development Fund) and other corporations, closely related to the service of local or national government, provided for by bylaw(called in this paragraph as 'local public service personnel in special public service'), and he continued in office as a local public service personnel in special public service, and then was employed again as the said personnel as long as it was based on the premise of his retirement(including the case that he continued in office as a local public service personnel in special public service, and then still continued in office as a higher poisoned local public service personnel in special public service, and then was employed again as the said personnel as long as it was based on the premise of his retirement.), he may be subjected to subject to disciplinary punishment under the provision of the preceding paragraph if he falls under one of the cases in the preceding paragraph during the term in office as the personnel until the said retirement(if there is a same kind of retirement before the said retirement(called in the following paragraph as 'previous retirement'), employment as a local public service personnel in special public service and reappointment as the personnel, it means during the term in office as the personnel until the previous retirement.).
3. In the cases where the personnel is reappointed in accordance with the provisions of the paragraph 1 of Article 28-4 or the paragraph 1 of Article 28-5, he may be subjected to subject to disciplinary punishment under the provision of the preceding paragraph if he falls under one of the cases in the preceding paragraph during the term as the personnel to the day when he become the retired personnel at fixed age (including the term in office before the required retirement) or during the term in office as the personnel in accordance with these provisions.
4. The procedure and effect of the disciplinary punishment of the personnel must be fixed by bylaws, except for cases specially provided for by law.
(Exception from Application)
Article 29-2 Either the provisions of paragraph 2 of Article 27, paragraph 1 though 3 of Article 28, and paragraphs 1 and 2 of Article 49, or the provisions contained in the Administrative Objection Examination Law (Law No. 160, 1962) shall not apply to the personnel mentioned below and the action towards them.
  (1) Personnel in the conditional period of initial appointment.
  (2) Personnel appointed temporarily
2. With regard to the status of the personnel mentioned under the items of the preceding paragraph, necessary matters may be provided for by bylaw.
Section 6. Performance of Duty
(Basic Standard for Performance of Duty)
Article 30. Every member of the personnel, as a servant of the whole community, must devote their duties in the interest of the public and exert their utmost in the performance of their duties.
(Oath of Performances of Duty)
Article 31. The personnel must take the oath of performance of duty as provided for by bylaws.
(Duty of Obedience to Laws and Orders, etc. and Superiors' Orders on Performance of Duty)
Article 32. The personnel, in performing their duties, must comply with laws and orders, bylaws and rules fixed by agencies of the local public body, and faithfully observe their superiors' order on performance of duties.
(Prohibition of Acts Causing Discredit)
Article 33. The personnel must not act in such a way as to discredit his position nor dishonor the position of whole personnel.
(Duty of Preservation Secrecy)
Article 34. The personnel must not divulge any secret which they get to know in performing their duties. This duty shall also be applied to those who have retired from office.
2. In cases when the personnel become witness or expert witness, etc., in accordance with laws and orders, and disclose a official secrecy, the permission by the appointing authority (or, as to the retired person, the appointing authority over the office from which he has retired or the office corresponding thereto,) must be obtained.
3. The permission mentioned in the preceding paragraph cannot be refused except for cases specially provided for by laws.
(Duty of Devotion to Service)
Article 35. The personnel must, except for cases specially provided for laws or bylaws, spend their full work hours and pay all occupational attention to their official responsibilities, and engaged themselves solely in services which the local public body has the responsibility to perform.
(Restriction of Political Activities)
Article 36. The personnel must not participate in forming political organizations, nor become an officer of such organization, nor campaign for inducing others to become or not to become members of such organization.
2. The personnel must not engage in any of the following political activities for the purpose of supporting or opposing any particular political party or other political organization, any particular Cabinet or executive agency of the local public body, nor for purpose of supporting or opposing any particular person or case in a public election or vote. They may, however, engage in any of the political activities mentioned in items (1) to (3) inclusive in item (5) outside of the area of local public body to which they belong (jurisdictional area of local branch office. local affairs office, or ward office, in the case the personnel concerned are working at a local branch offices, local affairs office, or ward office of the designated city mentioned in Article 252-19 paragraph 1 of the Local Autonomy Law),.
  (1) Campaign for inducing others to vote or not to vote in a public election or vote.
  (2) Active commitment to any signature campaign through planning sponsoring, etc.;
  (3) Participation in raising of donations and money and other things of value.
  (4) Display or permission of display of any documents or drawings in any government building or equipment of the local public body, or use or permission of use of any government building, equipment, materials or funds of the local public body.
  (5) Besides the activities in the preceding items, political activities defined by bylaw.
3. Nobody can request or instigate or incite the personnel to engage in any political activity provided for in the preceding two paragraphs, nor must give or attempt to give or promise to give any appointment, position, compensation or any other benefit or disadvantages in relation to in-service status of the personnel as reward or relation for doing or not doing any political activity mentioned in the preceding two paragraphs.
4. The personnel shall not be subjected to adverse treatment on account of not having consented to such unlawful acts as provided for in the preceding paragraph.
5. The provisions of the Article shall be construed and applied in line with their object of assuring the fair operation of administration of the local public bodies and protecting the interest of the personnel by guaranteeing their political neutrality.
(Prohibition of Acts of Dispute)
Article 37. The personnel must not resort to strike, slowdown and other acts of dispute against inhabitants, who is their employers as represented by the agencies of the local public body, nor resort to such idling tactics as will deteriorate the functional efficiency of the agencies of the local public bodies. No body must attempt, or conspire, instigate or incite the perpetration of, such unlawful acts.
2. Any member of the personnel who has violated the provisions of preceding paragraph shall become unable, simultaneously with the commencement of such acts, to set up the rights, against the local public body, of appointment or employment he enjoys under laws and orders, or bylaws, regulations of the local public body or rules fixed by agencies of the local public body.
(Restriction of Engagement in Commercial Enterprise, etc.)
Article 38. The personnel must not concurrently occupy, without the permission of the appointing authority, the posts of officials and other posts specified by rules of the personnel commission (by regulations of the local public body without the personnel commission) in a company or other organization the object of which is to undertake a private enterprise for profit, or undertake a commercial enterprise or business.
2. The personnel commission may, by rule of the personnel commission, establish standards for the permission by the appointing authorities in the cases specified in the preceding paragraph.
Section 7. Training and Evaluation of Work Performance
(Training)
Article 39. The personnel must be given opportunities to receive training for the purpose of development and improvement of their working efficiency.
2. The appointing authorities shall be responsible for the training mentioned in the preceding paragraph.
3. The personnel commission may recommend to the appointing authorities as to formulation of training programs and other training methods.
(Evaluation of Work Performance)
Article 40. The appointing authorities shall regularly evaluate the work performance of the personnel and shall take some appropriate actions based on the result of evaluation.
2. The personnel commission may recommend to the appointing authorities as to formulation of programs of evaluation of work performance and other necessary matters with regard to the evaluation of work performance.








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更新日: 2017年10月14日

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