法令番号: 法律第141号
公布年月日: 昭和22年11月30日
法令の形式: 法律
I hereby promulgate the Employment Security Law.
Signed: HIROTO, Seal of the Emperor
This thirtieth day of the eleventh month of the twenty-second year of Showa (November 30, 1947)
Prime Minister KATAYAMA Tetsu
Law No. 141
Contents of Employment Security Law
Chapter 1. General Provisions
Chapter 2. Employment Exchange, Vocational Guidance and Vocational Training by the Government
Section 1. General Provisions
Section 2. Employment Exchange
Section 3. Vocational Guidance
Section 4. Vocational Training
Chapter 3. Employment Exchange, Labor Recruitment and Labor Supply Project by any other Persons than the Government
Section 1. Employment Exchange
Section 2. Labor Recruitment
Section 3. Labor Supply Project
Chapter 4. Miscellaneous Provisions
Chapter 5. Penal Provisions
Supplementary Provisions
CHAPTER 1. General Provisions
(Aim of the Law)
Article 1. This Law is designed to contribute to the security of employment and the progress of the national economy by providing public employment services which in cooperation with other public and private bodies concerned, will provide people with opportunities to get suitable jobs and work towards the best possible organization of industrial and other employment.
(Freedom of Job Selection)
Article 2. Any one may freely choose any available job provided it is in conformity with the public interest.
(Equitable Treatment)
Article 3. No one shall be discriminated against in employment exchange, vocational training, etc., because of race, nationality, sex, political or religious belief, social status, family origin, previous profession, affiliation or non-affiliation with a labor union, etc. The terms of agreements entered into between employers and unions in accordance with the Trade Union Law shall not be considered to be in conflict with the above provision.
(The Functions of the Government)
Article 4. The central government shall handle the following matters to accomplish the aim of this Law:
a. By adjusting the demands for and the supplies of nation's man-power and planning the most effective use of the nation's man-power resources.
b. By directing or supervising employment exchange, labor recruitment, and labor supply project operated by any other persons than the government, in such a manner as to promote the best interests of workers and the public.
c. By helping place in suitable jobs with a minimum of delay, applicants seeking work with employers seeking workers.
d. By providing job applicants with necessary vocational guidance or training.
e. By collecting and disseminating employment and unemployment informations and other labor market data concerning employment opportunities.
f. By collaborating with individuals, organizations, schools and local and central governmental agencies in developing and improving the services of Public Employment Security Office.
g. By handling in the effective administration of unemployment insurance and providing placement, vocational counseling and vocational training services for claimants.
(Definition)
Article 5. The public employment exchange in this Law is the medium through which hiring arrangements may be concluded between an applicant for workers and job seekers when so requested by both parties.
The vocational guidance in this Law is to give necessary training practices, direction or advices to those persons who are in need of special attention to facilitate their choice of suitable jobs and adaptability to the jobs they have chosen.
The vocational training in this Law is to furnish instruction in the necessary knowledge or skill to facilitate the employment of those persons who need it in order to enter into jobs which call for such specific knowledge or skill.
The labor recruitment under this Law consists of canvassing or recruiting of workers by employers directly for their own use or through the agency of other persons commissioned by employers.
The labor supply project as used in this Law means the business or activity of making available the use of workers to employers according to a labor supply contract.
CHAPTER 2. Employment Exchange, Vocational Guidance and Vocational Training by the Government
Section 1. General Provisions
(The Employment Security Bureau and Branch Offices)
Article 6. The Director of the Employment Security Bureau of the Labor Ministry shall, under the supervision of the Labor Minister, supervise the chiefs of the branch offices of the Employment Security Bureau and prefectural governors in connection with the execution of this Law, establish standards of administrative supervision of the local Public Employment Security Office, plan and carry out the recruitment programs for industries vital to the national welfare, accelerate planning and carrying out of the programs to alleviate unemployment, determine the boundaries of the major labor market areas of the nation to adjust supply and demand of the labor force in each area, establish national policies for vocational guidance and vocational training, carry out any other functions which are necessary in the execution of this Law and supervise the personnel under his jurisdiction.
When it is deemed necessary, the Labor Minister may establish branch offices of the Employment Security Bureau at such places as he designates when necessary to co-ordinate programs and operations covering several prefectures or to give adequate technical advice and direction to prefectural officials in their supervision of the operations of the Employment Security Offices.
(Competence of the Prefectural Governor)
Article 7. The prefectural governor shall under the supervision of the Labor Minister acting through the Director of Employment Security Bureau, manage such affairs concerning the enforcement of this Law as control of the business of the Public Employment Security Office and the supervision of the chief and personnel thereof.
(Public Employment Security Offices)
Article 8. The government shall establish as free public services Public Employment Security Offices, for the purpose of administering employment exchange, vocational guidance, vocational training, unemployment insurance and other necessary functions to accomplish the purpose of this Law.
Public Employment Security Office system shall be under the supervision of the Labor Minister.
The chief of a local Public Employment Security Office shall, under the supervision of the competent prefectural government, manage the affairs of the Public Employment Security Office and supervise the personnel in his jurisdiction.
The location, appellation, jurisdiction, functions, the definite number of personnel and other necessary matters of the Public Employment Security Offices shall be determined by the Labor Minister.
(Personnel)
Article 9. In order to maintain an effective Employment Security Office system, all personnel responsible for the administration of this Law, whether in national, branch, prefectural or local offices shall be appointed and hold tenure on the basis of special qualifications and experience as determined by the Labor Minister.
All personnel responsible for the administration of this Law shall be in a single system for the purposes of calculating seniority and for promotion and reassignment of personnel.
The Labor Minister shall appoint all personnel in the national and branch offices. Second class officials in the prefectural and local offices shall be appointed by the Labor Minister upon recommendation of the prefectural governor. Third class officials and other personnel in the prefectural and local offices shall be appointed by the prefectural governor.
(Liaison and Part-time agents)
Article 10. The liaison agents shall be attached to Public Employment Security Offices to assist the functioning thereof.
The liaison agents shall be appointed by the prefectural governor.
Other necessary matters concerning the liaison agents shall be provided for by ordinance.
(Competences of Mayors or Headmen of Towns or Villages)
Article 11. Mayors or headmen of towns or villages (headmen of wards in case of the municipality designated by ordinance hereafter) may, under the direction of the chief of the local Public Employment Security Office which serves those communities, manage the following affairs:
1. Acceptance for and transmission to the Public Employment Security Office of such applications for workers or jobs where direct sub- mission to the Public Employment Security Office is difficult.
2. Investigation of the applicants for workers or jobs when requested by the chief of the Public Employment Security Office.
3. Publicizing of such job-openings as informed by the chief of the Public Employment Security Office.
(Public Employment Security Advisory Committees)
Article 12. For the purpose of advising the important matters concerning the execution of this Law as well as the programs and activities of the Public Employment Security Offices, the Labor Minister shall appoint the national, prefectural, and labor-market-area Employment Security Advisory Committee.
When it is deemed necessary, basing upon the application of the prefectural governor, the Labor Minister may appoint additional advisory committee which have as their jurisdictional area a part of prefectural jurisdiction, in addition to the Employment Security Advisory Committee stipulated in the preceding paragraph.
The national Employment Security Advisory Committee shall consult with the Labor Minister, the labor-market-area Employment Security Advisory Committee shall consult with the Labor Minister or the competent prefectural governor, and the prefectural and additional Employment Security Advisory Committee shall consult with the competent prefectural governor, as to the matters stipulated in Par.1, and may make a proposal to the appropriate administrative offices when it is deemed necessary to make a proposal.
The labor-market-area Employment Security Advisory Committee and additional Employment Security Advisory Committee shall consult with the chief of competent Public Employment Security Office.
The Employment Security Advisory Committee shall consist of the same number of representatives for workers, employers and public interest.
One or more members of the Employment Security Advisory Committee shall be women.
The member of national committee shall be appointed by the Labor Minister and the member of prefectural, labor-market-area, and additional committee shall be appointed by the Labor Minister upon recommendation of the appropriate prefectural governor.
The prefectural, labor-market-area and additional committee shall meet, at least, monthly;the national committee, at least once every three months and additionally as it determines.
Members of the Employment Security Advisory Committee shall be provided with travelling expenses, daily allowances and hotel expenses.
The amounts of the travelling expenses, daily allowances and hotel expenses of the preceding paragraph shall be put to the vote of the National Diet, after deliberation at the joint Examination Meeting of the Labor Committees of both Houses. The same shall apply to the change of the amounts.
Each committee in its advisory capacity may request reports of employment security programs and activities from national, prefectural government, and the Public Employment Security Office Within the committee's jurisdiction.
Other matters concerning the functions and activities of the Employment Security Advisory Committees shall be provided for by ordinance.
(Uniform Reporting)
Article 13. The Director of Employment Security Bureau shall establish and maintain through its prefectural and local offices, a uniform system of reports on employment office operations and activities.
The prefectural government and the Public Employment Security Office shall submit for reports according to the uniform system stipulated by the preceding paragraph.
Article 14. The Director of Employment Security Bureau shall maintain through its prefectural and local offices and effective labor market analysis and informatoin service through which it shall provide for the collection, analysis and public issuance of information on employment and unemployment, labor market developments, and opportunities for employment.
(Occupational Analysis and Industrial Services)
Article 15. The Director of Employment Security Bureau shall institute and maintain in adequate occupational analysis and industrial services program to develop tools, procedures and standards to render assistance in connection with problems involving the recruitment, classification, selection, assignment, and transfer and promotion of workers. In this connection the Bureau shall carry out necessary research and technical development for the adequate execution of the functions listed above.
The Director of Employment Security Bureau shall prepare standard job titles, job descriptions and occupational, classifications to be utilized throughout the Public Employment Security Office system.
Section 2. Employment Exchange
(Application for Workers)
Article 16. Public Employment Security Offices shall accept every employer order for workers except where the application for workers is in violation of Law. Where orders to, workers are deemed unsatisfactory in terms of prevailing local hiring specifications, wages, working conditions or other factors dealing with the employment offers, the Public Employment Security Office may reject them.
When necessary, the Public Employment Security Office may give advice or information to the applicant for workers regarding the need for adjustment in his specifications or limitations on the number of workers, the area of active recruitment, conditions affecting time or ability of workers, to satisfy his requirements.
(Application for Jobs)
Article 17. Public Employment Security Offices shall accept every application for work whatsoever it may be unless it is in violation of Law.
When it is deemed necessary, the Public Employment Security Office may give information or advice to the job applicant regarding the limitations on the kinds of jobs available, working conditions, location, etc.
The Public Employment Security Office may apply trade tests and use other occupational tools to help determine the suitability of applicants for particular jobs.
(Statement of Working Conditions)
Article 18. Employers seeking workers shall provide full information regarding the nature of the work to be performed, hours, wages and other working conditions, to the Public Employment Security Office, which, in turn, will make such information fully available to applicants for jobs.
(Principles of Placement)
Article 19. The Public Employment Security Office shall refer and attempt to place workers in accordance with their occupational qualifications and the employer's hiring specifications.
The Public Employment Security Office shall attempt to place a worker locally before referring him to a job which may necessitate a change of residence.
In the event that employer orders for workers cannot be filled from local employment office applicants, the Public Employment Security Office nearby shall arrange to circulate these order to nearby offices and, if in the event these are still unfilled, to place the orders, in prefectural and, subsequently, national clearance.
Procedures for establishing and maintaining an adequate system for the recruitment and transfer of workers between areas within a prefecture or between prefecturs will be laid down by ordinance.
(Neutrality in Labor Disputes)
Article 20. The Public Employment Security Office, in order to maintain its neutrality in any labor dispute, shall not recommend job applicants to any working place in which there is a strike or lock out.
Further, in case the Labor Relations Committee notifies the Public Employment Security Office that a dispute which is likely to develop into a strike or lock out has arisen in a working place and that unlimited recommendation of job applicants would hamper the settlement of the dispute, the Public Employment Security Office shall not recommend applicants to the working place except those needed to maintain the number of workers normally employed prior to the time the dispute came to exist.
(Detailed Regulations)
Article 21. Detailed procedures for the operation of employment exchanges shall be provided for by ordinance.
Section 3. Vocational Guidance
(Principle)
Article 22. The Public Employment Security Office shall perform vocational guidance and counseling services especially for the physically handicapped, those persons who newly enter into jobs or others who are in need of special attention.
(Adaptability Test)
Article 23. When necessary, the Public Employment Security Office may apply to vocational aptitude tests to those persons who receive the vocational guidance.
(Cooperation with Educational Institution Authorities)
Article 24. The Public Employment Offices shall co-operate with educational institution authorities which conduct vocational guidance for those who complete their course study in the said educational institutions.
(Detailed Regulations)
Article 25. The procedures for carrying out of vocational guidance and other necessary matters pertaining to this program shall be provided for by ordinance.
Section 4. Vocational Training
(Principles)
Article 26. The vocational training operated under this Law shall be conducted with regard to such kinds of vocational needs as the labor market situation indicates. For those persons who need special vocational training, care shall be taken in choosing the types and methods of training adapted to their indivitial circumstances.
Vocational training shall be construed to include on-the-job training in government-operated or government-subsided factories for giving employment and co-operative enterprises to unemployed workers.
(Establishment of Vocational Training Projects)
Article 27. Vocational training projects may be established by authority of the prefectural governors or its operation delegated to other agencies under the control of public authority.
In the event that a need for vocational training is determined and no action to provide same has been taken by the prefectural governor or the special need for taking the necessary steps by the Labor Minister for the vocational training is determined, the Labor Minister may take the necessary steps to initiate such project or projects which he may operate or delegate the operation of it to other agencies under the control of public authority.
(Subsides from the National Treasury)
Article 28. For the expenditures necessary for the operation of vocational training institutions by the prefectural or other agencies under the control of public authority, the government may subsidize them in part or whole from the National Treasury.
The government may pay allowance to trainees in approved public or private vocational training establishments.
(Duties of the Government)
Article 29. In reference to the vocational training executed by the prefectures or other public or private agencies under the control of public authority, the Labor Minister shall establish necessary standards regarding the rise, scope, type, content, and length of the vocational training courses. He shall provide assistance to those directing execution of vocational training projects in the compilation of textbooks and in securing necessary equipment, supplies, materials, etc., for the operation of the program.
Selection and referral of participants in vocational training courses described above shall be made through the Public Employment Security office.
(Duties of the Prefectural Governor)
Article 30. The prefectural governor shall provide technics assistance to establishments desiring to carry out on-the-job training programs with the exception of apprenticeship training otherwise provided for in the Labor Standards Law.
(Detailed Regulations)
Article 31. Other necessary matters than those stipulated above regarding vocational training shall be provided for by ordinance.
CHAPTER 3. Employment Exchange, Labor Recruitment and Labor Supply Project by any other Persons than the Government
Section 1. Employment Exchange
(Private Fee-Charging Agencies)
Article 32. No one shall conduct an employment exchange project for profit making or for charging a fee, except as hereinafter provided.
Fee-charging or profit making agencies shall be licensed by the Labor Minister only when recommended for approval by the national Employment Security Advisory Committee for individuals or agencies providing specialized services for artists, musicians, entertainers, and other highly specialized scientific or professional services.
The fee to be charged shall not be more than a reasonable amount, the limits of which shall be prescribed by the Labor Minister.
Such licenses must be renewed annually.
Conditions under which licenses are granted shall be determined by the Labor Minister as stipulated by ordinance.
(Non-Fee Charging Projects)
Article 33. No individual, private organization, of institution shall operate a non-fee-charging employment exchange project without securing prior permission from the Labor Minister upon the recommendation of the national Employment Security Advisory Committee.
However, in case of Trade Unions as provided by Trade Union Law, the recommendation of the Committee is unnecessary.
Licenses shall be renewed every two years.
Procedures necessary to obtain such authorizations shall be provided for by ordinance.
(Provisions Regulating Operation on Non-Governmental Employment Exchange Projects)
Article 34. Provisions of Arts.16, 17, 18, 19, Pars 1 and 20 with regard to worker application and placement shall apply mutatis mutandis without change to the operations of any non-governmental employment exchanges projects.
Operators of such projects shall establish and furnish such records of activities and operations as required by the competent Minister.
Section 2. Labor Recruitment
(Recruitment Through Publicity Devices)
Article 35. Any person, company or organization which wishes to conduct labor recruitment by means of newspaper, or magazine advertising, bulletins, handbills, or other publicity devices, where such publicity is intended to recruit workers who will have to change their residence in order to be employed, shall give advance notice to the chief of the competent Public Employment Security Office.
(Direct Recruitment by Employers)
Article 36. An employer may freely recruit local workers to be employed in his local establishments by other means of labor recruitment than stipulated by preceding paragraph. When direct recruitment of this type involves a change of residence by job applicants, permission for recruitment of such workers must be obtained from the Labor Minister.
(Commissioning of Labor Recruitment)
Article 37. If an employer delegates authority to recruit workers other than to a person or persons in his own employ, he shall secure permission from the Labor Minister and shall assume full responsibility for the action of those delegated to perform the recruitment.
The employer shall secure permission from the Labor Minister for paying the charges to the person delegated authority stipulated by the preceding paragraph.
(Restriction on Labor Recruitment)
Article 38. When it is deemed necessary in order to maintain stable conditions in the local labor market and to adjust the demand for and supply of man-power, the Chief of competent Public Employment Security Office may restrict, by indicating the reasons for such restriction in writing, such publicity in particular areas or at specific times.
The Labor Minister in granting permission to delegate an employer's authority to recruit may require modification in the volume of recruitment desired from the location of the recruitment activity or the methods to be used.
(Principles of Labor Recruitment)
Article 39. Any individual, employer, or organization which proposes to conduct a labor recruitment program shall attempt to recruit workers who need not change residence and in case that it is difficult to secure workers from the said place, it shall be attempted to recruit workers from nearby place.
(No-Fee Principle)
Article 40. No-fee charge or deduction for expenses shall be charged to workers so recruited. The agencies authorized under Art.32 in acting for employers in the matter of recruitment as provided in Art.37 shall be permitted to collect fee in accordance with the authorized scale of charges provided for by ordinance.
(Prohibition of Rewards)
Article 41. An employer shall not pay employees or others delegated to recruit for him according to the provisions of Arts.36 and 37 other than regular salary and incidental expenses in the case of employees, except the necessary reimbursement or charges permitted by the competent Minister.
(Statement of Working Condition, etc.)
Article 42. Arts.18 and 20 shall apply mutatis mutandis to recruiting workers.
(Detailed Regulations)
Article 43. Procedures to obtain permission to conduct labor recruitment and other necessary matters in connection with it shall be provided for by ordinance.
Section 3. Labor Supply Project
(Prohibition of Labor Supply Project)
Article 44. No person, organization or agency, governmental or private, shall be allowed to conduct a labor supply project, except as provided in Art.45.
(Permission to Conduct Labor Supply Project)
Article 45. A bona fide labor union as determined by the statutory agencies of the national government may conduct a labor supply project limited for which no compensation shall be made by employer to its own members, provided it obtains permission from the Labor Minister.
(Clean Statement of Working Conditions, Neutrality in Labor Disputes)
Article 46. Arts.18 and 20 shall apply mutatis mutandis to the labor supply project by labor unions stipulated in Art.45.
(Detailed Regulations)
Article 47. The procedure to obtain the permission for a labor supply project and other necessary matters than stipulated in this section regarding the labor supply project shall be provided for by ordinance.
CHAPTER 4. Miscellaneous Provisions
(Demand for Reports)
Article 48. When necessary the administrative officials responsible for execution of this Law may request information or reports from factories, establishments or other places of employment regarding the volume, nature and trends of employment, turnover, wages or working conditions, etc., affecting the establishment.
(Inspection)
Article 49. The administrative office responsible for execution of this Law may request the submission of reports on the activities and operations of non-governmental, public or private, operators engaged in employment exchange, labor recruitment or labor supply projects which have been authorized by the Labor Minister and competent officials when properly identified may inspect such places of business and examine all pertinent documents, ledgers, etc.
In the inspection mentioned in the preceding paragraph, the competent offcials shall carry the identify card with them.
(Suspension and Cancellation of Permissions)
Article 50. When the Labor Minister deems that persons who engage, with permission, in employment exchange project, labor recruitment or labor supply projects violate Laws and ordinances of administrative measures based upon them, or that the projects or deeds are injurious to the public interests, he may suspend the projects or deeds, or cancel the permission.
(Prohibition Regarding Disclosure of Personal Confidential Information)
Article 51. All information concerning individual employers and workers secured from workers, employers or other persons or groups as an incident or the operation of the Public Employment Security Office, or employment exchange, labor recruitment project, or labor supply project which are conducted by any other persons than the government is confidential and shall not be revealed in such a way as to disclose identity of an individual or employer except in accordance with direction of the Director of the Employment Security Bureau.
(Training of Employment Security Officials)
Article 52. The Government shall establish necessary procedures and facilities for the instruction and training of officials engaged in administering the employment exchange, vocational guidance, vocational training, labor market analysis and other activities contained within this Law.
(Inter-Governmental Employment Policy Coordination)
Article 53. In order to provide necessary coordination among national governmental departments or units which are immediately concerned with employment exchange, vocational guidance, vocational training, labor market analysis or labor recruitanent projects, and to consult on overall measures dealing with the most effective utilization of the nation's labor resources, the government may establish inter-departmental committees.
(Advices concerninf Improvement of Employment Process, etc.)
Article 54. In order to improve personnel and employment practices and to stabilize the high level of employment by reducing turnover and absenteeism and to improve and develop the efficiency of production, the Labor Minister may cooperate with and give advice to management representatives of employers.
(Use of National Treasure Fund)
Article 55. The national government shall provide the sufficient fund for the maintenance of adequate Public Employment Security Office services and other services provided under Law for which the Labor Minister is responsible.
Allocation of funds for the operation of these services shall be determined by the Labor Minister upon the recommendation of the prefectural governors in accordance with budgetary standards issued by the Labor Minister.
Prefectural governors or other local governmental units may provide additional funds of services for the improvement or the expansion of prefectural or local activities operated under the provision of the Law.
(Supervision for Prefectural Governor)
Article 56. In the event the Labor Minister shall at any time determine that there has been a failure on the part of the prefectural governor to comply with the provisions of this Law or with the provision of any ordinance or order issued by authority thereof, the Labor Minister shall, by written order, notify the prefectural governor thereof. The written order shall specify with particularity wherein there has been a failure of compliance and shall direct the prefectural governor to remedy the situation within a time specified, which shall not be more than 30 days following receipt of the order.
Article 57. In the event of failure on the part of the prefectural governor to take apropriate remedial action wtihin the time specified, the Labor Minister may petition the High Court, within the jurisdiction of which the subject prefecture is, for an order directing compliance with the order of the competent Minister.
Written notice of the filling of the petition shall be given forth with by the petitioner to the prefectural governor and the petitioner shall certify to the High Court the time, place, and manner of giving of such notice.
The High Court shall designate the date for hearing which shall be within 20 days after the filling of said petition and shall cause the petitioner and the respondent to be notified of the date of such hearing.
If the High Court shall find that the specified failure of compliance has in fact existed, it shall order the prefectural governor to remedy the situation within a time specified, in no event to exceed 20 days.
Article 58. In the event of the failure on the part of the prefectural governor to take remedial action in accordance with the order of the court of the fourth Paragraph of the preceding Article, the Labor Minister may petition the court of the first Paragraph of the preceding Article to ascertain the subject facts.
If, thereafter, upon representation of the Labor Minister, the court shall determine that the respondent prefectural governor has failed to comply with the order of the court, the Labor Minister may, if be deems fit, assume direct control over all offices and agencies established within the subject prefecture under the provisions of this Law, and may delegate the competence of the prefectural governor in this Law to the national officials who was appointed by the Labor Minister.
At any time thereafter the respondent prefectural governor or his successor may secure revocation of such authorization after hearing and upon presentation of satisfactory evidence that the situation alleged in the petition has been remedied.
Article 59. The respondent prefectural governor may appeal to the Supreme Court, by such rules as the said court shall deem appropriate.
No appeal or any question of Law shall stay the operation of an order issued by the High Court.
Proceedings under the foregoing Articles shall be governed by such rules as the Supreme Court shall deem appropriate.
Article 60. In undertaking proceedings under the foregoing articles the Labor Minister, if he deems necessary, shall receive the cooperation and the assistance of the Minister of Justice.
(Delegation of Executive Authorities)
Article 61. The executive authority vested in the Labor Minister may be delegated by him to the administrative office responsible for execution of this Law according to provisions provided for by ordinance.
(Exception for Seamen)
Article 62. This Law shall not apply to seamen who come under the provision of Art.1 of Seamen's Law.
CHAPTER 5. Penal Provisions
Article 63. Any person who is convicted after due procedure of any of the following offenses shall be subject to a penal servitude not more than ten years and not less than one year or a fine not more than thirty thousand yen and not less than two thousand yen.
a. One who conducts or engages in a labor exchange project, labor recruitment or labor supply project in such a way as to cause a worker to be employed by means of violence, intimidation, imprisonment or any other restraint on his mental or physical freedom.
b. One who conducts or engages in a labor exchange project, labor recruitment or labor supply project for the purpose of soliciting jobs with an intention of inducing workers to do works injurious to the public health or morals.
Article 64. Any person who is convicted after due procedure of any of the following offenses shall be subject to a penal servitude not more than one year or a fine not more than ten thousand yen:
a. One who violates the provisions of Art.32, Par.1 or conducts a profit making or fee-charging employment exchange project without permission of the Labor Minister.
b. One who violates the provision of Art.33, Par.1.
c. One who violates the provisions of Art.36 or 37.
d. One who conducts the labor supply project violating the provision of Art.44.
e. One who conducts a labor supply project without permission of the Labor Minister or conducts a fee-charging labor supply project violating the provision of Art.45.
Article 65. Any person who is convicted after due procedure of any of the following offenses shall be subject to a penal servitude not more than six months or a fine not more than five thousand yen:
a. One who violates the provision of Art.37, Par.2.
b. One who violates the restrictions of Art.38.
c. One who violates the provisions of Art.40 or 41.
d. One who conducts or engages in labor exchange project, labor recruitment or labor supply project by making a false advertisement or giving a false information as regards the labor conditions.
e. One who conducts or engages in labor exchange project, labor recruitment or labor supply project for the purpose of placing workers to factories or establishments where the working condition infringe the regulation of laws and ordinances.
Article 66. One who is convicted after due procedure of any of the following items shall be subject to a fine not more than five thousand yen:
a. One who wilfully fails to establish or furnish records stipulated in the provision of Art.34, Par.2 or establish and wilfully furnish false records of activities and operations.
b. One who wilfully fails to make a report after repeated request or knowingly makes a false report violating the provision of Art.48.
c. One who wilfully fails to make a report after repeated request, makes a false report, does not submit documents and ledgers, submits false documents or ledgers or refuses or interrupts search and inspection in violation of the provision of Art.49.
Article 67. In case a person who perpetrates the violation of this Law is a deputy, hired person or other employee who acts on behalf of a corporation or a person concerning a corporation's business or a person's business, the corporation or the person shall also be fined according to the regulations of each article in addition to the perpetrator, if the corporation or person in the exercise of reasonable diligence, should have known of the violation.
A corporation or a person who knows of intention to violate any of above provision and yet does not take necessary measures to prevent it, who knows the violation and yet does not take necessary measures to correct it or who instigated the violation shall be subject to the same punishment as the perpetrator.
Supplementary Provisions:
This Law shall come into force on December 1, 1947.
One who conducts the labor exchange project and labor supply project with permission at the date of enforcement of this Law may continue to conduct the same for the period of three months after the enforcement of this Law.
The Employment Exchange Law shall be abrogated as from the date of enactment of the Law.
Minister for Home Affairs KIMURA Kozaemon
Minister of Finance KURUSU Takeo
Minister of Justice SUZUKI Yoshio
Minister of Education MORITO Tatsuo
Minister of Transportation TOMABECHI Gizo
Minister of Labor YONEKUBO Mitsusuke
Prime Minister KATAYAMA Tetsu