Chapter III. Officers and Employees
(The Scope of Officers)
Article 18. The Officers of the JNR shall consist of the President, the Vice-President, and the managers.
(The Duties and Powers of Officers)
Article 19. The President shall represent the JNR and preside over the conduct of its business. He shall be responsible to the Board of which he shall be the exofficio member provided in Article 11.
2 The Vice-President may, as provided by the president, represent the JNR, shall assist the President and, in the event of the President being absent, shall act on behalf of the President, and, if the presidency is vacant, shall perform his duties.
3 The managers may, as provided by the President, represent the JNR and shall assist the President and the Vice-President, and in the event the President and the Vice-President are absent, shall act as their deputy, and perform the duties of the President and Vice-President when their posts are vacant.
(The Appointment of Officers and their terms of Office)
Article 20. The President shall be appointed by the Cabinet from among the persons recommended by the Board.
2 The recommendations as prescribed by the preceding paragraph shall be based upon the majority decision by not less than four members notwithstanding the provisions in Article 16.
3 The Vice-President shall be appointed by the President with the consent of tbe Board of Directors.
4 The managers shall be appointed by the President.
5 The terms of office of the President and the Vice-President shall be respectively four years.
6 The President and Vice-President may be eligible for reappointment.
(Qualification of Officers)
Article 21. Any person who falls under the provision of any items of Article 12, paragraph 3 shall be disqualified for Officer.
(The Removal of President and Vice-President)
Article 22. When the Cabinet considers that the President cannot perform his duties owing to physical or mental disabilities, or when it considers that he has been against his duties or engaged in conduct deemed unfiting to the Presidency, it may discharge him from office with the consent of the Board.
2 The provisions of Article 20, paragraph 2, shall apply mutatis mutandis to the consent prescribed in the preceding paragraph.
3 When the President considers that the Vice-President cannot perform his duties owing to physical or mental disabilities, or when he considers that the Vice-President has acted against his duties or engaged in conduct deemed unfitting to the Vice-Presidency, he may discharge him from office with the consent of the Board.
(Ban on Holding other Post concurrently)
Article 23. The officers shall not be the officers of any other associations incorporated for the purpose of money-making or engage themselves in any other enterprising business.
(Restriction on the Right of Representation)
Article 24. In any case where the interest of the President, Vice-President or any manager conflicts with that of the JNR, such officer shall not represent the JNR. In such case the members of the Board shall designate a representative from among the officers of the JNR not similarly disqualified.
(The Appointment of Attorney)
Article 25. The President, Vice-President or managers may appoint an attorney authorized to do all judicial or non-judicial acts regarding any part of the business of the JNR from among the personnel of the JNR.
(Status and Qualifications of Employees)
Article 26. Employees of JNR shall be as defined in paragraph 2, Article 2 of the Public Corporation Labor Relation Law (Law No.257 of 1948).
2 Any person who falls under the provision of any item from 1 to 4 inclusive of paragraph 3, Article 12, shall be disqualified for the personnel.
(Standards for Appointment and Dismissal)
Article 27. Appointment or dismissal of employees shall be made on the basis of the results of their examination, and the merit of their performance on duty, or other demonstrated abilities.
(Pay)
Article 28. The salary and wages of employees shall be paid in proportion to the nature of their duties and their responsibilities.
2 The salary and wages of employees shall be fixed in consideration of their living cost, payment for national public servants, and workers in private enterprises and other factors.
(Demotion and Dismissal)
Article 29. Except in cases where any employee falls under the provisions of any of the following items, he may not be demoted or dismissed against his will:
1) In cases of poor showing in the performance of his duties;
2) In cases where physical or mental troubles hamper execution of duties, or deprive him of the qualifications necessary therefor;
3) Any other case where necessary qualifications are wanting for his duties;
4) In cases of reduction of business volume or other unavoidable circumstances in the JNR.
(Temporary Retirement)
Article 30. Except in cases where any employee falls under the provision of any of the following items, he may not temporarily be retired from office against his will:
1) In cases where any mental or physical trouble of the employee claims his rest for a long term;
2) In the cases of indictment on any criminal charge.
2 The term of temporary retirement as provided for in item 1 of the preceding paragraph shall be full one year. In case the said trouble ceases to exist during the term of temporary retirement the employee in question shall be reinstated without delay;and in case the term of temporary retirement expires during his retirement he shall be dismissed.
3 The term of temporary retirement as prescribed in paragraph 1, item 2, shall correspond to the period during which the said case is handled by the court concerned.
4 Any employee who has temporarily retired shall not be engaged in business, though he shall hold the status of an employee. Any employee who has temporarily retired shall receive one-third of his salary during the term of his temporary retirement.
(Disciplinary Action)
Article 31. In cases where any employee falls under the provisions of any of the following items, the President may, as disciplinary action, dismiss, suspend from office, reduce the pay of, or reprimand the said employee:
1) When the said employee has acted in violation of any provision of this Law or any operational regulation laid down by the JNR.
2) When the said employee has acted contrary to the duties of his position or has neglected his duties.
2 The term of suspension from office shall range from one month or more to not exceeding one year.
3 Any suspended employee shall not be engaged in his duties, though he shall hold the status of an employee. Any suspended employee shall receive one-third of his pay during the term of suspension.
4 In case of reduction in pay, less than one tenth of his pay shall be deducted for the term ranging from one month or more to not exceeding one year.
(Basic Standard for Performance of Duty)
Article 32. Any employee shall, in the execution of his duties, conform to laws and regulations, and operational regulations laid down by the JNR.
2 Any employee shall exert his utmost in the execution of his duties, except those who exclusively engaged in the business of the employees'union in accordance with the provision of Article 7 of the Public Corporation Labor Relation Law.
(Extension of Duty Hours, Overtime and Holiday Workings)
Article 33. In cases where circumstances fall under any of the following items, the JNR shall, regardless of the provisions of Articles 32, 35 or 40 of the Labor Standard Law (Laws No.49 of 1947), be authorized to extend the duty hours of employees, or put employees on duties in off-duty hours or on holidays:
1) When any accident resulting from calamities and other causes has occurred.
2) When a precautionary measures is required for expected calamities.
3) When a train (including motor-cars and ships) is overdue.
(Status of Officers and Employees)
Article 34. Officers and employees of the JNR shall be regarded as personnel engaged in public service in accordance with laws and ordinances.
2 The National Public Service Law shall not apply to officers and employees of the JNR.
(Application of Public Corporation Labor Relations Law)
Article 35. The labor relation of the employees of the JNR shall be provided for by the Public Corporation Labor Relation Law.