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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 IV. Miscellaneous Provisions
(Exceptions)
Article 57. With regard to these personnel, such as the educations personnel (meaning the principals, teachers and secretaries provided for by the School Education Law (Law No. 26 of 1947)) of the public schools (meaning the public schools provided for in said Law), persons employed for simple labor, for whom exceptions to this Law are required on account of the special nature of their functions and responsibilities, provisions shall be made by law separately. However, such exceptions must not be contrary to the spirit of Article 1.
(Exclusion of Application of other Laws)
Article 58. The provisions of the Trade Union Law (Law No. 174 of 1949), the Labor Relations Adjustment Law (Law No. 25 of 1946) and the Minimum Wage Law (Law No. 137 of 1959), and orders issued thereunder shall not be applied in regard to the personnel.
2. The provisions of Chapter 2 of the Labor Safety Hygiene Law (Law No. 57 of 1972) and Chapter 2 to 5 of the Seamen's Accident Prevention Activity Promotion Law (Law No. 61 of led 1967) and orders issued thereunder shall not be applied in regard to the personnel other than the personnel engaged in such enterprises conducted by local public bodies as are listed in attached table 1 items I to 10 inclusive and items 13 to 15 inclusive of the Labor Standard Law (Law No. 49 of 1947).
3. The provisions of Article 2, paragraph 1 of Article 24, Articles 32-3 to 32-5 inclusive, paragraph 2 and 3 of Article 38-2, Article 38-3, Article 38-4, paragraph 5 of Article 39. Articles 75 to 93 inclusive, Article 102 and Article 105-3 of the Labor Standard Law, Article 92 of the Labor Safety Hygiene Law, the provisions of such part of Article 6 as is relating to Article 2 of the Labor Standard Law, Article 30, such part of Article 37 as is relating to the working conditions, paragraph of Article 53, Article 89 to 100 inclusive, Article 102 and such part of Article 108 as is relating to the working conditions, of the Mariners' Law (Law No. 100 of 1947), Article 62 of the Seamen's Accident Prevention Activity Promotion Law and the provisions of orders issued thereunder shall not be applied in regard to the personnel. However, the provisions of Article 102 of the Labor Standard Law, Article 92 of the Labor Safety Hygiene Law and such part of the provisions of Article 37 and Article 108, as are relating to the working conditions, of the Mariners' Law, Article 62 of the Seamen's Accident Prevention Activity Promotion Law, and provisions of orders issued thereunder shall be applied in regard to the personnel engaged in such enterprises conducted by local public bodies as are listed in attached table 1 items 1 to 10 inclusive and items 13 to 15 inclusive of the Labor Standard Law, and the provisions of Articles 75 to 88 inclusive of the Labor Standard Law and the provisions of Articles 89 to 96 inclusive of the Marines' Law shall be applied in regard to the personnel not covered under paragraph 1 of Article 2 of the Local Public Service Compensation Law (Law No. 121 of 1967).
4. As for personnel, such a part of paragraph 1 of Article 32-2 of the Labor Standard Law as "the employer, with a convention in writing with the trade union in the case that there is a trade union which is composed of a majority of employees, or the representative who represents a majority of employees in the case that these is no trade union which is composed of a majority of employees in the workplace, or" shall read "the employer" and such a part of the latter part of paragraph 2 of Article 34 of the same Law as "when there is a convention in writing with the trade union in the case that there is a trade union which is composed of a majority of employees, or the representative who represents a majority of employees in the case that these is no trade union which is composed of a majority of employees in the workplace" shall read "when there is a special provision in bylaws".
5. The authority of the agencies for the supervision of labor standard with respect to the working conditions of the personnel in those cases where such provisions of Labor Standard Law, Labor Safety Hygiene Law, Marines' Law, Seamen's Accident Prevention Activity Promotion Law and orders issued thereunder as are applicable in regard to the personnel in compliance with the provisions of paragraph 3 are applied shall be exercised by the personnel commission or a member thereof who has been so delegated thereby (the head of the local public body, in local public bodies without the personnel commission), except those cases which are related to the personnel engaged in such enterprises conducted by local public bodies as are listed in attached table 1 items 1 to 10 inclusive and item 13 to 15 inclusive of the labor Standard Law.
(Cooperation and Technical Advice of Ministry of Public Management, Home Affairs, Posts and Telecommunications)
Article 59. Ministry of Public Management, Home Affairs, Posts and Telecommunications may cooperate and give technical advice so that personnel administration of the local public bodies may be operated in accordance with the principle of local public service system which is established by this Law.
Article 60. A person who falls under any of the following items shall be liable to penal servitude for not more than one year or a fine of not more than thirty thousand yen:
  (1) A person who has made discrimination in violation of the previous of Article 13;
  (2) A person who has divulged a secret in violation of the provisions of Article 34 paragraph 1 or 2 (including the cases where it is applied mutates mutandis in Article 9 paragraph 12);
  (3) A person who has intentionally failed to obey the direction of the personnel commission or equity commission provided for in Article 50 paragraph 3.
Article 61. A person who fails under any of the following items shall be liable to penal servitude for not more than three years or a fine of not more than one hundred thousand yen:
  (1) A person who has been summoned as a witness by the personnel commission or equity commission, in accordance with the provision of Article 8 paragraph 5 in connection with the exercise of powers as provided for in Article 50 paragraph 1, and failed to comply without proper reason or made false statement, or who, in accordance with the provision of the same paragraph, has been demanded presentation of documents or copies thereof by the personnel commission or equity commission and failed to comply without proper reason or presented documents with false entries or copies thereof;
  (2) A person who has made an appointment in violation of the provision of Article 15;
  (3) A person who has obstructed the taking of examination or furnished information in violation of the provisions of the latter part of Article 19 paragraph 1 ;
  (4) Any person who has conspired, instigated, incited the preparation of, or attempted, the unlawful acts provided for in the former part of Article 37 paragraph 1 ;
  (5) A person who has intentionally prevented the filing of application for action on working conditions provided for in Article 46.








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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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