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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 8. Protection of Welfare and Interest
(Basic Standard for Protection of Welfare and Interest)
Article 41. The protection of the welfare and interest of the personnel shall be adequate and impartial.
Subsection 1. Welfare and Benefit System
(Welfare System)
Article 42. The local public bodies must endeavor to formulate and put into practice plans concerning the health of the personnel, their recreation, and other matters relating to their welfare.
(Mutual Aid System)
Article 43. A mutual benefit system with mutual aid in view should be put into practice for the purpose of furnishing appropriate benefits in cases where illness, injuries, childbirth, suspension of business, calamities, retirement, disability, or death occur to personnel themselves, or where persons supported by them are visited by illness, injuries, childbirth, death, or calamities.
2. The mutual benefit system of the preceding paragraph should include a system concerning retirement on a pension, to be permitted to personnel themselves in cases where they have retired after diligent service for certain years, or owing to illness or injuries incurred in line of their official duties, or a system under which such allowances should be granted to the bereaved families, when the personnel should have died.
3. The system concerning retirement on a pension as provided for in the preceding paragraph should have in view the subsequent maintenance of an appropriate standard of life for the personnel themselves and the persons whom they supported directly at the time of their retirement or death, taking into consideration the conditions of their retirement or death.
4. With regard to the mutual benefit system of paragraph 1, due consideration should be given to the balance between itself and the corresponding system in the national public service.
5. The mutual benefit system of paragraph 1 should be established on the basis of sound insurance mathematics.
6. The mutual benefit system of paragraph 1 shall be provided for by law.
Article 44. Deleted.
Subsection 2. System of Compensation for Accidents in Line of Duty
(System of Compensation for Accidents in Line of Duty)
Article 45. The losses suffered by the personnel or their bereaved family or their dependents must be compensated when and because the personnel have died or incurred injury or disease in the course of duty or have died or have been disabled on account of injury or disease suffered in the course of duty or the personnel who are seamen have been lost in the course of duty.
2. The compensation system which is necessary for assuring prompt and equitable practice of compensation provided for in the preceding paragraph must be put into practice.
3. The compensation system of the preceding paragraph shall provide for:
  (1) Medical treatment or payment of medical costs for injury or disease incurred in the course of duty;
  (2) Compensation for loss of income to the personnel under medical treatment of injury or disease incurred in the course of duty or the seaman lost in the course of duty;
  (3) Compensation to the personnel whose earning capability has been reduced permanently or for a long time to come due to injury or disease incurred in the course of duty;
  (4) Compensation to the bereaved family or other dependents of the personnel who died due to injury or disease incurred in the course of duty.
4. The compensation system of paragraph 2 shall be established by law, which will pay adequate consideration to the proper balance between itself and corresponding system in the national public service.
Subsection 3. Application for Action on Working Conditions
(Application for Action on Working Conditions)
Article 46. The personnel may apply to the personnel commission or equity commission in connection with their compensation, work hours and other working conditions that appropriate action be taken by the authorities of the local public body.
(Examination and Action to be taken following the Examination)
Article 47. When the application provided for in the preceding Article has been filed, the personnel commission or equity commission must conduct examination of the case through oral inquiry or other means, pass judgment on the matter and, on the basis of the result thereof, take actions with regard to its own matters, or make necessary recommendations to the agency of the local public body which has powers over the matter under consideration with regard to other matters.
(Procedure of Application and Examination and Judgment, etc.)
Article 48. The necessary matters concerning the procedures of the application and examination and judgment and the action to be taken following the examination and judgment as provided for in the preceding two Articles must be fixed by rules of the personnel commission or equity commission.
Subsection 4. Filing of Objection against Adverse Action
(Delivery of Written Statement on Adverse Action)
Article 49. The appointing authorities must, in cases where they subject a member of the personnel to a disciplinary punishment or such adverse action as is considered to be against his will, deliver him at the time a written statement setting forth the reason therefore.
2. When a member of the personnel considers that he has been subjected to an adverse action against his will, he may request the appointing authorities for delivery of a written statement of the reasons therefore.
3. The appointing authorities who have received the request as provided for in preceding paragraph must, within fifteen days from that day, deliver the written statement mentioned in the same paragraph.
4. The written statement mentioned in paragraphs 1 and 2 shall contain a statement to the effect that an objection may be filed with the personnel commission or equity commission, and the limit of time within which the filing of an objection must be affected.
(Filing of Objection)
Article 49-2 Those members of the personnel who have been subjected to the action provided for in paragraph 1 of the preceding Article may file an objection under the Administrative Objection Examination Law. (appeal for review or raise a complaint) only with the personnel commission or equity commission.
2. The filing of an objection under the Law may not be made for other actions toward the personnel than those provided for in paragraph 1 of the preceding Article. The same shall apply to the failure to the application filed by the personnel.
3. The provisions of Sections 1 through 3, Chapter 2 of the Administrative Objection Examination Law shall not apply to the objections filed under the provisions of paragraph 1.
(Time Limit for Filing of Objection)
Article 49-3 The filing of an objection under paragraph 1 of the preceding Article must be filed within 60 days counted from the day following the day on which the personnel become aware that they have been subjected to actions, and may not do so when a period of one year has elapsed counting from the day following the day on which the actions were taken.
(Examination and Action to be taken as a result of Examination)
Article 50. When the objection provided for in paragraph 1 of Article 49-2 has been received, the personnel commission or equity commission must promptly examine the case. In such case, a hearing must be conducted, if the person subjected to the action so requests. The hearing must be conducted in public, if he so requests.
2. The personnel commission or equity commission may, when it is deemed necessary to do so, delegate to the members, or the Chief of Secretariat, of the personnel commission or to the members of the equity commission a part of the affairs concerning the examination of the objections filed except the rendering of rulings or decisions thereon.
3. The personnel commission or equity commission shall on the basis of the result of the examination provided for in paragraph 1, approve, revise or cancel the action, and if necessary, give direction for the correction of any unjust treatment that may have been suffered by the member of the personnel on account of the action, such as causing the appointing authorities to take necessary and appropriate measures for the recovery of the pay and other claims due to him.
(Procedures of Application and Review, etc.)
Article 51. Necessary matters concerning the procedures for the filing of objections and the action to be taken following the review as provided for in the preceding two Articles shall be provided for by rules of the personnel commission or equity commission.
(Relationship Between Filing of Objection and Lawsuit)
Article 51-2 The suit for annulment of the actions which are provided for in paragraph 1 of Article 49 and of or against which the personnel may appeal for review, or raise a complaint, to the personnel commission or equity commission may not be instituted until after the personal commission or equity commission has rendered ruling or decision on the said appeal for review or the complaint raised.
Section 9. Personal Organization
(Formation of Personnel Organization)
Article 52. In this Law, "the personnel organization" means a organization or a federation of organizations which the personnel forms for the purpose of sustaining or improving its working conditions.
2. "The personnel" provided for in the preceding paragraph means the personnel other than that provided for in paragraph 5 of this article.
3. The personnel may or may not form and may or may not join the personnel organization. However, the personnel who makes an important administrative decision, who is in the managing position and joins in the process of making an important administrative decision, who is in the supervising position and has direct powers to administer the appointment and dismissal of the personnel, who is in the supervising position and knows the matters regarding to the plans and policies of the authorities about the appointment, dismissal, status, disciplinary punishment, performance of duty, salary and other working conditions of the personnel, or the relationship with the personnel organization, and therefore whose obligation and responsibility on its duties are considered as directly conflicting with its faith and responsibility as a member of the personnel organization, and who is in charge of duties in the standpoint of authorities in relation to the personnel organization (hereinafter in this Section to be referred to collectively as "the managing personnel"), and the personnel other than the managing personnel cannot establish the same personnel organization together, and the organization which is composed of the managing personnel and the other personnel is not "the personnel organization" provided for in this Law.
4. The scope of the managing personnel provided for in the latter part of the preceding paragraph is provided by rules of the personnel commission or equity commission.
5. The police and fire defense personnel must not form and join the organizations which aim at sustaining and improving the working conditions of them and negotiate with the authorities of the local public bodies.
(Registration of the Personnel Organization)
Article 53. The personnel organization may apply, accompanying its agreement to the personnel commission or equity commission for registration, in compliance with bylaws, with the application in which the names of officers including directors, representatives and others and the matters provided for by bylaws are written.
2. The agreement of the personnel organization mentioned in the preceding paragraph shall contain at least the following matters:
  (1) Name;
  (2) Purpose and business;
  (3) Location of the main office;
  (4) Regulations concerning the scope of membership and the acquisition and loss of qualification for membership;
  (5) Regulations concerning officers including directors, representatives and others;
  (6) Regulations concerning the execution of business, meeting and voting including the matters provided for in paragraph 3;
  (7) Regulations concerning expenditure and accounting;
  (8) Regulations concerning union with other personnel organizations;
  (9) Regulations concerning the alteration of the agreement;
  (10) Regulations concerning dissolution.
3. In order to qualify for and maintain registrations, the personnel organization must establish the procedure by a majority vote of all members (a majority vote of all voters in the case of the election of officers) through direct secret ballot in which all personnel who are constituent members shall have equal opportunity to participate for the adoption or alteration of the agreement, election of officers and other similarly important actions, and those important actions must actually be decided through such procedures. However, in the case of the federation of personnel organization, it may be sufficient only to establish, and decide actually through, the procedures by a majority vote of all representatives (a majority vote of all voters in the case of the election of officers), whom each constituent organization shall elect by a majority vote through direct secret ballot in which all personnel who are its constituent members shall have equal opportunity to participate, through direct secret ballot in which all such representatives shall have equal opportunity to participate.
4. In addition to the provisions in preceding paragraph, in order to qualify for and maintain registrations, the personnel organization has to be composed of only the personnel other than that provided for in paragraph 5 of the preceding Article belonging to the same local public body. However, this does not prohibit that the personnel organization includes the personnel who was other than the personnel provided for in the same paragraph, and has been dismissed against its will or has been subjected to an action of dismissal as a disciplinary action, and has spent less than a period of one year from the day following the day on which the actions were taken or has filed an objection or instituted suit for annulment of the actions in compliance with laws during the period, and has not yet received the rendering of ruling or decisions about filing an objection or determinations about suit, and the personnel who is the officer of the personnel organization.
5. When the personnel organization which applies for registration is conformable with the provisions in preceding three paragraphs, the personnel commission or equity commission must register the matters written in the agreement and in the application provided for in paragraph 1, and inform the personnel organization of the fact. In this case, the personnel organization which allows the person who is not the personnel to become an officer of the organization must not be considered as not being conformable with requirements of registration for that reason.
6. When the personnel organization registered ceases to be the personnel organizations, when the fact which is not conformable with the provisions in paragraph 2 to 4 inclusive about the personnel organization registered comes to light, or when the personnel organization registered doesn't notify the facts provided for in paragraph 9, the personnel commission or equity commission may suspend the effects of the registrations of the organization for less than sixty days or cancel the registrations of the organization.
7. The examination on the day of hearing relating to the cancellation of registrations provided for in the preceding paragraph must be conducted in public, if the personnel organization so requests.
8. The cancellation of registrations provided for in the paragraph 6 does not have effects during the period in which the suit for annulment of the action may be instituted, and during the period in which the suit proceeds In court after it has been instituted.
9. When it has changed its agreement or its application provided for in paragraph 1, the personnel organization registered must so notify the personnel commission or equity commission in compliance with bylaw. In such case, the provisions of paragraph 5 shall be applied mutates mutandis.
10. When it has dissolved, the personnel organization registered must so notify the personnel commission or equity commission in compliance with bylaws.
(The Personnel Organization having a Juridical)
Article 54. The personnel organizations may be incorporated as juridical persons. Those provisions of the Civil Code (Law No. 89 of 1896) and the Law of Procedure for Non-Contentions Litigation (Law No. 14 of 1898) which are relating to the juridical persons provided for in Article 34 of Civil Code (Exclusive of Article 34-2, paragraph 2 of Article 38, Article 56, Article 67, Article 71, Article 77 paragraph 3, Article 83-2, Article 83-3, Article 84 item 3-2, and Article 84-2 of the Civil Code and Article 122-2 of the Law of Procedure for Non-Contentions Litigation) shall be applied mutates mutandis to the juridical person mentioned in this Article. However, in those provisions, "the competent government agency" shall read "the personnel commission or equity commission" and "the Article of Association" shall read "the constitution", "Permission for incorporation" in Article 46-2 paragraph 1 item 4 of the Civil Code shall also read "notification of incorporation as a juridical person", and "permission for incorporation" in the Article 68 paragraph 1 item 4 of the Civil Code shall read "registration", Further, "bankruptcy and revocation of permission of establishment" in the Article 77 paragraph 1 of the Civil Code shall read "bankruptcy", and "document of permission" in Article 120 of the Law of Procedure for Non-Contentions Litigation shall read "certificate for receipt of notification of incorporation as a juridical person".
(Negotiation)
Article 55. The authorities of the local public body shall be in the position to respond to the proposal of negotiation, in case such proposal is made lawfully by the registered personnel organization with regard to the compensation, work hours and other working conditions of the personnel, and in conjunction therewith, to the matters on lawful activities including social and welfare activities.
2. Negotiation between the personnel organization and the authorities of the local public body shall not include the right to conclude a collective agreement.
3. Matters affecting the management and operation of the services of the local public body shall not be allowed to be the subject of negotiation.
4. The authorities of the local public body with which the personnel organization may negotiate shall be the authorities of the local public body which have the powers legally to manage or take decisions on the matters to be negotiated.
5. Negotiation shall be conducted between those designated by the personnel and those organization from among its officers and those designated by the authorities of the local public body, subject to the numbers of negotiators agreed upon in advance between the personnel organization and the authorities of the local public body. In conducting the negotiation, arrangements must be made in advance between the personnel organization and the authorities of the local public body in respect of agendas, hours, places, and other necessary matters concerning negotiation.
6. In the case of the preceding paragraph, the personnel organization may, if special circumstances exist, designate persons other than its officers, provided that the persons so designated shall be prepared to show in writing that they have been duly authorized by the executive body of the personnel organization to negotiate on the specific matters which are the subject of the negotiation.
7. Negotiation may be terminated, in case it has come to fail to comply with the provisions of the preceding two paragraphs, or to impede the execution of the duties of other personnel or to hamper the normal operation of the services of the local public body.
8. Lawful negotiation provided for in this Article may be conducted dring the working hours as wel.
9. The personnel organization may conclude a written agreement with the authorities of the local public body concerned, in as far as such agreement shall not conflict with the laws and orders, or bylaws, regulations of the local public body or rules fixed by agencies of the local public body.
10. The agreement mentioned in the preceding paragraph must be carried out with sincerity and upon responsibility by both the authorities of the local public body concerned and the personnel organization.
11. The freedom to express grievances and submit opinions with regard to the matters mentioned in paragraph 1 shall not be denied to the personnel for the reason that they do not belong to the personnel organization.
(Restrictions on Acts of Personnel for Personnel Organization)
Article 55-2 The personnel shall not be allowed to engage exclusively in the business of the personnel organization, excepting the case of the personnel with permission, granted by the appointing authorities, engage exclusively as an officer of the registered personnel organization.
2. The permission specified in the provision to the preceding paragraph may be obtained from the appointing authorities, should the appointing authorities deem it appropriate. In the case the permission is granted, it shall contain the effective period of such permission.
3. The period for which the personnel engages exclusively in the business of the registered personnel organization as its officer, as provided for in the proviso to paragraph 1, shall not exceed 5 years through the period of service as a personnel. However, the personnel who had engaged exclusively in the business of trade union under the provisions of the proviso to paragraph 1 of Article 6 in the Local Public Enterprise Labor Relations Law (Law No. 289 of 1952) (including the case where the paragraph 4 of Supplementary Provisions is applied for) the 5 year period shall be shortened by subtracting the period of the exclusive engagement in the business of the trade union).
4. The permission specified in the proviso to paragraph 1 shall be revoked in the case the personnel who was granted the permission has become not to engage exclusively in the business of the registered personnel organization as its officer.
5. The personnel who is granted the permission under the proviso to paragraph 1, shall, during the period the permission is effective, be the personnel in a position of the temporary retirement and shall not be given any compensation, and the said perod shall not be included in the caluculation of the length of service for the acdcessment of amount of retirement allowance.
6. The personnel shall not, while receiving compensation, engage in the business or carry on the activities for or in behalf of the personnel organization except in the case provided for by bylaw.
(Prohibition of Adverse Treatment)
Article 56. The personnel shall not be subjected to adverse treatment on account of the fact that they are members of the personnel organization, or that they have attempted to form or joint it, or that they have acted legitimately for the personnel organization.








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