Local Public Service Law Japan

Local Public Service Law of japan Preface Each year the Japan Center for Local Autonomy issues its "Local Government System in Japan, English-Language Series." This year we issue the "Revised Local Public Service Law, Local Finance Law and Local Allocation Tax Law." The previous edition was issued in 1970, and the new edition reflects the amendments that have been made to these laws up to now 　 The translation was entrusted to staff members with expertise in local autonomy of the Ministry of Public Management, Home Affairs, Posts and Telecommunications I would like to express our heartfelt appreciation for the hard work of all those who have played an important role in the publication of this book 　 Finally, I would also like to express our deepest gratitude to the Nippon Foundation, which subsidized the publication of this book 　 March 2002 Hideaki Matsumoto Chairman Executive Board Japan Center for Local Autonomy 　 Local Public Service Law (Law No 261, December 13, 1950) Amendments: (1) Law No 175, Jun 10, 1952 (23) Law No 57, Jun 8, 1972 (2) Law No 262, Jul 31, 1952 (24) Law No 78, Nov 8, 1977 (3) Law No 289, Jul 31, 1952 (25) Law No 79, Jun 21, 1978 (4) Law No 156, Jun 3, 1954 (26) Law No 68, Dec 20, 1979 (5) Law No 163, Jun 8, 1954 (27) Law No 92, Nov 20, 1981 (6) Law No 192, Jun 22, 1954 (28) Law No 40, May 1, 1982 (7) Law No 148, Jun 12, 1956 (29) Law No 66, Jul 16, 1982 (8) Law No 137, Apr 15, 1959 (30) Law No 108, Dec 27, 1985 (9) Law No 199, Dec 18, 1959 (31) Law No 99, Sep 26, 1987 (10) Law No 113, Jun 30, 1960 (32) Law No 24, Apr 2, 1991 (11) Law No 130, May 12, 1962 (33) Law No 79, May 21, 1991 (12) Law No 133, May 15, 1962 (34) Law No 23, Mar 31, 1992 (13) Law No 140, May 16, 1962 (35) Law No 89, Nov 12, 1993 (14) Law No 152, Sep 8, 1962 (15) Law No 161, Sep 15, 1962 (16) Law No 99, Jun 8, 1963 (17) Law No 118, Jun 29, 1964 (18) Law No 71, May 18, 1965 (19) Law No 120, Jul 5, 1966 (20) Law No 61, Jul 15, 1967 (21) Law No 121, Aug 1, 1967 (22) Law No 117, Dec 11, 1971 (36) Law No 54, Mar 31, 1995 (37) Law No 8, Mar 28, 1997 (38) Law No 67, Jun 4, 1997 (39) Law No 112, Sep 30, 1998 (40) Law No 87, Jul 16, 1999 (41) Law No 107, Jul 22, 1999 (42) Law No 151, Dec 8, 1999 (43) Law No 160, Dec 22, 1999 (44) Law No 22, Mar 31, 2000 Chapter I General Provisions (Purpose of this Law) Article The purpose of this Law is to insure democratic and efficient operation of the public administration of the local public bodies and contribute there by to the realization of the principle of local autonomy, by establishing basic standards for the personnel administration of the local public bodies, such as their personnel agencies and the appointment, position classification, compensation, work hours and other working conditions, status and disciplinary punishment, performance of duty, training and evaluation of work performance, protection of the welfare and interest, and organization, of the local public service personnel (Validity of this Law) Article In cases where the provisions of the formed laws and orders, or bylaws, regulations of the local public body, or rules fixed by agencies of the local public body concerning the local public service personnel (meaning all of the public service personnel of the local public bodies; the same herein-after)are in conflict with those of this Law, the latter shall prevail (Local Public Service Personnel in the Regular Public Service and Local Public Service Personnel in the Special Public Service) Article The local public services shall be divided into the regular public service and the special public service The local public Services shall be comprised of all positions in the local public service other than those in the special public service The special public service shall be comprised of the following positions: (1) Positions appointment to which requires public election, or the election, resolution or consent of the assembly of the local public body; (1-2) Positions of the chairmen of the board of directors, directors and auditors of the local development works corporation; (1-3) Positions of the general manager of the local public enterprise and the director of the union of such enterprise; (2) Temporary or part-time positions of commissioners or members of commission or board (including council and other bodies of a similar nature) established by laws and orders, bylaws, regulations of the local public body, or rules fixed by agencies of the local public body (3) Temporary or part-time positions of expert-adviser, consultant, investigators, non-regular staffs, and other positions of a similar nature; (4) Positions of secretaries of the heads, the chairmen of the assemblies of the local public bodies, and the heads of other agencies of the local public bodies, as designated by bylaws; (5) Positions of members of "Shobodan" (fire prevention corps) in part-time service and of the flood defense associations; (Local Public Service Personnel Subject to this Law) Article The provisions of this Law shall be applied to all the local public service personnel in the regular public service (herein-after to be referred to as the " personnel") The provisions of this Law shall not be applied to the local public service personnel in the special public service, except for cases specially provided for by laws (Enactment of Bylaws concerning the Personnel Commission, Equity Commission and the Personnel) Article The local public bodies shall provide by bylaws for the establishment of the personnel commission or equity commission, the enforcement of standards applicable to the personnel, and other necessary matters concerning the personnel in accordance with the basic standards, fixed by this Law, except for cases specially provided for by laws However, such bylaws must not be contrary to the spirit of this law In a local public body which has the personnel commission in accordance with the provisions of Article paragraph or 2, the opinion of the personnel commission must be heard by the assembly of such local public body in order to enact or amend or abolish the bylaws mentioned in the preceding paragraph Chapter II Personnel Agencies (Appointing Authorities) Article The heads, the chairmen of the assemblies, the election administration committees, the representative inspection commissioners, boards of education, personnel commissions and equity commissions of the local public bodies and the Superintendent-General of the Metropolitan Police, the chief of the prefectural police, and chiefs of the fire defense maintained jointly by special wards.), and other appointing authorities under laws and orders or bylaws shall have respectively the power to administer the appointment, temporary retirement, dismissal and disciplinary punishment, etc of the personnel in accordance with this Law and such bylaws, regulations of the local public body, and rules fixed by agencies of the local public body as may be issued thereunder, except for cases specially provided for by laws The appointing authorities mentioned in the preceding paragraph may delegate part of the power provided for in the same paragraph to those senior local public service personnel who are their auxiliary agencies (Establishment of the Personnel Commission or Equity Commission) Article To, Do, Fu, or Ken and the designated cities mentioned in Article 252-19 paragraph of the Local Autonomy Law (Law No 67 of 1947) shall set up by bylaw a personnel commission Cities other than the designated cities mentioned in the preceding paragraph, having the population of 150,000 or more (meaning the population according to the latest results of the national census public-noticed in the Official Gazette or the population census similar thereto; hereinafter the same) and the special wards shall set up a personnel commission by bylaws The cities having the population less than 150,000, towns and villages, special wards and local public body association shall set up an equity commission by bylaws The local public body setting up an equity commission may, by the stipulations enacted through resolution of the assembly, set up the equity commission jointly with another local public body setting up an equity commission, or entrust the duty of managing the affairs of equity commission under the provision of Article paragraph to the personnel commission of another local public body (Power of the Personnel Commission or equity Commission) Article The personnel commission shall administer the following affairs: 　 (1) To investigate matters of personnel administration and to have charge of affairs concerning personnel records and to prepare statistical reports concerning personnel affairs; (2) To make a continuous study on work hours and other working conditions and welfare and benefit systems, the system or compensation for accidents in line of duty and other systems concerning the personnel, and to submit the result thereof to the assembly or the head or the appointing authorities of the local public body; (3) To state opinions to the assembly and the head of the local public body on the enactment, amendment, or abolition of bylaws concerning the personnel agencies and the personnel (4) To make recommendations to the appointing authorities on the operation of personnel administration; (5) To administer the competitive examination and selection of the personnel and affairs relating thereto; (6) To formulate and put into practice plans concerning the position classification; (7) To supervise and control the payment of compensation to the personnel to the extent necessary to determine that persons are paid, compensated, or employed in compliance with this Law and with bylaws issued thereunder; (8) To formulate over-all plans for the training and evaluation of work performance of the personnel (9) To examine and judge upon applications for action concerning compensation, work hours, and other working conditions of the personnel and adopt necessary measures; (10) To render ruling or decisions on objections raised against the adverse actions toward the personnel (11) Besides the affairs enumerated in the preceding items, to administer such affairs as have been placed within its powers in accordance with laws or bylaws The equity commission shall administer the following affairs; 　 (1) to examine and judge upon applications for action concerning the compensation, work hours and other working conditions of the personnel and adopt necessary measures; (2) to render rulings or decisions on objections raised against the adverse actions toward the personnel The personnel commission may delegate to other agencies of the local public body concerned or the chief of its executive office to exercise those of its powers under this Law, exclusive of those which are prescribed in items and 10 of paragraph and paragraph 4, which are specified by the rules of the personnel commission The personnel commission or equity commission may establish respectively rules of the personnel commission or rules of the equity commission concerning such matters as have been placed within its powers in accordance with laws or bylaws The personnel commission or equity commission may, if necessary for the exercise of its owners under laws or bylaws; summon witnesses or demand presentation of documents or copies thereof The personnel commission or equity commission may enter into agreements to furnish or to receive from agencies of the National Government or other local public bodies, technical or professional service, materials or facilities The decisions (including judgement) and actions of the personnel commission or equity commission under its powers invested by the provisions of items or 10 of paragraph or every item of paragraph shall be reviewed only by itself in accordance with the procedure to be fixed by the rules of the personnel commission or the rules of the equity commission The provisions of the preceding paragraph shall not affect the right of access to court on matters of laws (Members of the Personnel Commission or Equity Commission) Article The personnel commission or equity commission shall be composed of three members The members shall be appointed by the head of the local public body with the consent of the assembly from among persons of highest moral character and integrity, in know sympathy with the principle of local autonomy and the democratic and efficient administration, and possessing knowledge and sound judgement, concerning personnel administration A person who falls under any of the items of Article 16 (Exclusive of item 2, 3, and item 5) or who has committed any of the offenses provided for in Chapter V and been sentenced to a punishment cannot become a member In appointing the member, any two of them must not be members of the same political party In cases where two or more of the members have come to belong to the same political party, all but one of them shall be removed by the head of the local public body with the consent of the assembly However A person whose party membership has not changed cannot be removed The head of the local public body may, when he considers a member as mentally or physically incompetent to perform his official responsibilities or having committed a violation of his official duties or other misconducts unfit for a member, remove him with the consent of the assembly In such case, a public hearing must be held before the standing committee or special committee of the assembly A member shall not be removed from office against his will except under one of the preceding two paragraphs A member who has come to fall under any of the items of Article 16 (Exclusive of item 2, 3, and item 5) shall lose his office The members cannot concurrently hold the position of an assembly member of a local public body nor of a local public personnel commission of the local public body having been entrusted to manage the affairs of equity commission in accordance with the provision of Article paragraph 4, including the local public personnel of the local public body which has entrusted to manage the affairs of equity commission to another local public body) 10 The terms of office of the members shall be four years However, the terms of office of a member filling a vacancy shall be the unexpired portion of his predecessor's 11 The members of the personnel commissions shall serve either full-time or parttime, and the members of the equity commissions shall serve part-time 12 The provisions of Article 30 to 38 inclusive shall apply mutates mutandis to the duties of the full-time members of the personnel commission, and those of Articles 30 to 34 inclusive, Article 36 and Article 37 to the duties of the parttime members of the personnel commission and of the members of equity commission 13 The provisions of Articles 204 to 206 inclusive of the Local Autonomy Law shall be applied mutates mutandis to the full-time members of the personnel commission, and those of Articles 203 and 206 of the same Law to the parttime members of the personnel commissions and equity commissions (Chairman of the Personnel Commission or Equity Commission) Article 10 The personnel commission or equity commission must elect a chairman from among its members The chairman shall administer the affairs concerning the commission and represent the commission In case the chairman is incapacitated or is vacant, one of the members designated by the chairman shall act for the chairman (Proceedings of the Personnel Commission or Equity Commission) Article 11 The personnel commission or equity commission cannot be in sesssion without the attendance of all of its members Proceedings of the personnel commission or equity commission shall be decided by a majority of its members present Proceedings of the personnel commission or equity commission must be kept on record by way of the minutes Besides the provisions of the preceding three paragraphs, necessary matters concerning proceedings of the personnel commission or equity commission shall be fixed respectively by the personnel commission or equity commission (Executive Office and Administrative Personnel of the Personnel Commission and Administrative Personnel of the Equity Commission) Article 12 There shall be an executive office in the personnel commission and a chief of executive office and other administrative personnel in the executive office Notwithstanding the provisions of Article paragraph 9, the personnel commission may cause the members to hold concurrently the position of chief of executive office The chief of executive office shall, under the direction and supervision of the personnel commission, control the affairs of the executive office Notwithstanding the provision of paragraph 1, the local public body setting up the personnel commission in accordance with the provision of Article paragraph may have administrative personnel without having the executive office There shall be administrative personnel in the equity commission The administrative personnel mentioned in paragraphs And or the preceding paragraph shall be appointed respectively by the personnel commission or equity commission The organization of the executive office mentioned in paragraphs 1, 4, and shall be fixed by bylaw The number of the administrative personnel mentioned in paragraphs 1, 4, and shall be fixed by bylaw The provisions of Articles 204 to 206 inclusive of the Local Autonomy Law shall be applied mutates mutandis to the administrative personnel mentioned in paragraphs 1, 4, and Chapter III Standards Applicable to the Personnel Section Appointment Section Position Classification Section Compensation, Work Hours, and other Working Conditions Section Status and Disciplinary Punishment Section Performance of Duty Section Training and Evaluation of Work Performance Section Protection of Welfare and Interest Subsection Welfare and Benefit System Subsection System of Compensation for Accidents in Line of Duty Subsection Application for Action on Working Conditions Subsection Filing of Objection against Adverse Action Section Personal Organization 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 (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 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 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 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 In local public bodies without the personnel shall be made through competitive examination or by selection 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 The personnel commission may, in cases where there is no employment eligible list provided for in Article 21 paragraph 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 The personnel commission shall fix, as necessary qualifications for the examinees, minimum and appropriate, objective and uniform requirements necessary for the performance of duty 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 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 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 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 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 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 In the case under the preceding paragraph, the personnel commission may, with reward to temporary appointments, specify qualifications of persons to be appointed The personnel commission may cancel any temporary appointment that violates the provisions of the preceding two paragraphs 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 Temporary appointments shall be no cause for any precedence whatsoever on the occasion of regular appointment Besides the provisions of the preceding four paragraphs, this Law shall be applied to temporary appoitntees Section Position Classification (Basic Standard for Position Classification System) Article 23 The local public bodies with the personnel commission shall adopt position classification system Plans concerning position classification system shall be fixed by bylaws 10 age shall retire in accordance with the provision in paragraph 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 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 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 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 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 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 year, as provided for by bylaw, 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 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 The provision in the paragraph of Article 22 shall not apply to the reappointment in accordance with the paragraph 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 and the paragraph of the next article.) for less than year judging their previous performance of duty The term of the personnel reappointed in accordance with the preceding paragraph shall be applied to by the provision from the paragraph to of the preceding article 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 14 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 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 year judging their previous performance of duty These cases shall be applied mutates mutandis to by the provision of the proviso in the paragraph and provision in the paragraph of Article 28-4 Besides the provision in the paragraph 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 year judging their previous performance of duty These cases shall be applied mutates mutandis to by the provision in the paragraph of Article 28-3 The term of the personnel reappointed in accordance with the provisions in the preceding 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 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, 15 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.) In the cases where the personnel is reappointed in accordance with the provisions of the paragraph of Article 28-4 or the paragraph of Article 285, 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 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 of Article 27, paragraph though of Article 28, and paragraphs and 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 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 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 16 performing their duties This duty shall also be applied to those who have retired from office 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 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 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 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 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 17 political activity mentioned in the preceding two paragraphs 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 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 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 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 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 The appointing authorities shall be responsible for the training mentioned in the preceding paragraph 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 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 Section Protection of Welfare and Interest (Basic Standard for Protection of Welfare and Interest) 18 Article 41 The protection of the welfare and interest of the personnel shall be adequate and impartial Subsection 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 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 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 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 The mutual benefit system of paragraph should be established on the basis of sound insurance mathematics The mutual benefit system of paragraph shall be provided for by law Article 44 Deleted Subsection 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 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 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 19 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 The compensation system of paragraph 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 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 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 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 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 The written statement mentioned in paragraphs and 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) 20 Article 49-2 Those members of the personnel who have been subjected to the action provided for in paragraph 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 The filing of an objection under the Law may not be made for other actions toward the personnel than those provided for in paragraph of the preceding Article The same shall apply to the failure to the application filed by the personnel The provisions of Sections through 3, Chapter of the Administrative Objection Examination Law shall not apply to the objections filed under the provisions of paragraph (Time Limit for Filing of Objection) Article 49-3 The filing of an objection under paragraph 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 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 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 The personnel commission or equity commission may, when it is deemed necessary to 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 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 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 21 complaint raised Section 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 "The personnel" provided for in the preceding paragraph means the personnel other than that provided for in paragraph of this article 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 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 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 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 22 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 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 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 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 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 When the personnel organization registered ceases to be the personnel organizations, when the fact which is not conformable with the provisions in paragraph to inclusive about the personnel organization registered comes to light, or when the personnel organization registered doesn't notify the facts 23 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 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 The cancellation of registrations provided for in the paragraph 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 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 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 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 item of the Civil Code shall also read "notification of incorporation as a juridical person", and "permission for incorporation" in the Article 68 paragraph item of the Civil Code shall read "registration", Further, "bankruptcy and revocation of permission of establishment" in the Article 77 paragraph 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 Negotiation between the personnel organization and the authorities of the local public body shall not include the right to conclude a collective agreement 24 Matters affecting the management and operation of the services of the local public body shall not be allowed to be the subject of negotiation 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 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 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 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 Lawful negotiation provided for in this Article may be conducted dring the working hours as wel 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 shall not be denied to the personnel for the reason that they 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 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 The period for which the personnel engages exclusively in the business of the 25 registered personnel organization as its officer, as provided for in the proviso to paragraph 1, shall not exceed 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 of Article in the Local Public Enterprise Labor Relations Law (Law No 289 of 1952) (including the case where the paragraph of Supplementary Provisions is applied for) the year period shall be shortened by subtracting the period of the exclusive engagement in the business of the trade union) The permission specified in the proviso to paragraph 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 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 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 Chapter IV Miscellaneous Provisions 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 (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 The provisions of Chapter of the Labor Safety Hygiene Law (Law No 57 of 1972) and Chapter to 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 26 are listed in attached table items I to 10 inclusive and items 13 to 15 inclusive of the Labor Standard Law (Law No 49 of 1947) The provisions of Article 2, paragraph of Article 24, Articles 32-3 to 325 inclusive, paragraph and of Article 38-2, Article 38-3, Article 38-4, paragraph 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 as is relating to Article 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 items 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 of Article of the Local Public Service Compensation Law (Law No 121 of 1967) As for personnel, such a part of paragraph 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 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" 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 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 27 related to the personnel engaged in such enterprises conducted by local public bodies as are listed in attached table items 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 or (including the cases where it is applied mutates mutandis in Article 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 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 paragraph 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 ; (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 ; (5) A person who has intentionally prevented the filing of application for action on working conditions provided for in Article 46 28 [...]... 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... 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, ... 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... 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... 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... 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 24 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. .. 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... 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... 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,... 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 ... this Law, the latter shall prevail (Local Public Service Personnel in the Regular Public Service and Local Public Service Personnel in the Special Public Service) Article The local public services... regular public service and the special public service The local public Services shall be comprised of all positions in the local public service other than those in the special public service. .. 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