(Object and Effect of this Law)
Article 1. The obiect of this Law is to approve in principle the pay program recommended by the National Personnel Authority to the Diet and the Cabinet on December 10, 1948, and in accordance therewith to provide temporarily for matters concerning the base pay, compensation schedule and its adjustment, family allowance, area allowance, special work allowance, work hours, overtime allowance, holiday pay, night allowance and issuance of regulations concerning the administration of compensation prescribed for employees in the regular government service except as otherwise provided by law, as defined in Article 2 of the National Public Service Law (Law No.120, 1947)(hereinafter referred to as "employee" or "employees" ), and otherwise to promote uniformity in personnel and compensation policy within the government service. This Law establishes the principle that the average total pay of employees, inclusive of base pay, family allowance, area allowance and special work allowance and exclusive of all other factors, shall be six thousand three hundred and seven yen (\6,307) per month.
2 The provisions of this Law shall not be construed as repealing, amending or superseding in any particular any provision of the National Public Service Law. Any provisions of this Law in conflict with any provisions of the National Public Service Law inclusive of laws based thereon shall be null and void. All provisions of this Law shall automatically become null and void on March 31, 1950 or on any earlier date as may be provided by law.
3 The classification plan as provided by Article 9 of this Law shall be construed as being and meeting the requirements of the plan submitted to the Diet for approval in accordance with Article 29 and otherwise of the National Public Service Law and shall remain in effect until subsequent modifications are recommended by the National Personnel Authority, and enacted by the Diet.
(Powers of the National Personnel Authority)
Article 2. The National Personnel Authority shall have the following powers in connection with the enforcement of this Law:
(1) To make rules and issue directives necessary in the administration and technical interpretation of this Law;
(2) To decide the extent of application of the compensation schedules prescribed in Article 9;
(3) To make studies of the amounts of compensation of employees with a view to recommending to the Diet and to the Cabinet any adjustment deemed by the National Personnel Authority to be appropriate, to make investigations upon all matters touching on the administration of this Law and its practical effect while, at the same time, the National Personnel Authority may direct the adjustments on the basis of those investigations and, whenever it deems it necessary, to report the results of its studies and investigations to the Diet and to the Cabinet with its recommendations which may be deemed appropriate for the accomplishment of the purposes of this Law;
(4) To provide rules and to issue directives concerning the standard for compensation of newly recruited employees and employees changed from one grade to another and for within-grad, salary advancement;
(5) To make continuous, scientific studies and investigations of the cost of living in areas throughout the country for the purpose of recommending to the Diet and the Cabinet simultaneously an appropriate classification of areas and area allowance rates.
(6) To receive and review appeals of those employees who protest the decision of the Office of New Pay Administration with respect to their compensation.
(Administrative Agency)
Article 3. In order to ensure the thorough-going enforcement of this Law and attain its objectives, the Office of New Pay Administration shall be established temporarily under the jurisdiction of the Prime Minister.
Article 4. The Office of New Pay Administration shall be responsible for the coordination and integration of determinations concerning compensation under this Law and other matters within the administrative sphere in which it is empowered to act by this Law.
Article 5. The Office of New Pay Administration shall have one Chief, one Deputy Chief, and staff officials as required.
2 The post of Chief of the Office of New Pay Administration shall be filled by the Director-General of the Cabinet Secretariat and the post of Deputy Chief shall be filled by the Chief of the Allowance Bureau of the Ministry of Finance.
3 The staff officials shall be ordered by the Prime Minister from among the employees who are in charge of pay administration in the various government agencies to serve in the Office of New Pay Administration. However, this shall in no respect remove such employees from full application of the National Public Service Law (Law No.120, 1947).
4 The Chief shall preside over the affairs of the Office.
5 The Deputy Chief shall assist the Chief and administer the affairs of the Office.
6 The staff officials shall deal with the affairs of the Office by order of their superiors.
(Payment of Compensation)
Article 6. Compensation authorized under this Law shall be paid in cash except as provided in Article 8, Paragraphs 3 and 4. Calculations in regard to the payment of cash from the Treasury in accordance with this Law shall be done in a manner by which figures under 49 sen (inclusive) shall be dropped and figures above 50 sen (inclusive) shall be counted as one yen.
2 No compensation shall be paid or issued to employees except as provided by law or rules of the National Personnel Authority.
3 Any reimbursement of actual expenses incurred as incident to public service shall not be included in compensation.
(Base Pay)
Article 7. The base pay for all employees shall be based on the complexity and difficulty of their duties and responsibilities, taking into consideration hardships, work hours, environments, and other working conditions.
Article 8. The compensation schedules attached as appendixes provided in Article 9 shall include base pay for all grades. Base pay shall represent the total remuneration for fulltime employment on the basis of work hours prescribed in Article 19 (hereinafter referred to as "regular work hours" ) but not including family allowances, area allowances, over-time allowances, holiday pay and night allowances as provided by this Law.
2 The amounts of adjustment of base pay under the provisions of Article 15 and special work allowances as provided in Article 18 shall form a part of base pay. However, the special work allowance which is not based on the purport of the preceding Article shall not form a part of base pay as determined by the National Personnel Authority.
3 Where housing, lodging, meals, uniforms, or other like allowances in kind are provided, any of such allowances in kind shall be treated as part payment of compensation and deducted from the base pay as provided by separate law. However, such items shall not be deductable when appropriations and laws or regulations otherwise provided.
4 The provisions of the preceding paragraph shall not apply to the employees enumerated below, provided that the regular duties of the position held by such employees include the special services referred to below and are rendered outside of regular work hours:
(1) Those who are required to be available outside of their regular work hours in the prevention of loss of life or property;
(2) Those who are required to perform emergency service in connection with reserch projects or laboratory experiments;
(3) Those whose regular duties require them to work in isolated and remote areas;
(4) Those who are responsible custodians of government buildings and must live on the premises to carry out their duties.
Article 9. The jobs of employees shall be divided into 15 grades, and the duties and responsibilities of exemplary jobs illustrative of the various levels of work for the respective grades shall be provided by the Chief of the Office of New Pay Administration.
2 The compensation schedules authorized under this Law shall consist of the general salary schedule and special salary schedules enumerated below, and no other salary schedule of any kind shall be recognized:
I. The general salary schedule (Appendix 1);
II. The special salary schedules:
Salary schedule for tax collectors and economic investigators (Appendix 2)
Salary schedule for police, employees of the Maritime Safety Board (as designated by rules of the National Personnel Authority) and prison employees (Appendix 3)
Salary schedule for seamen (Appendix 4)
Salary schedule for railway operating employees (Appendix 5)
3 The amounts as prescribed in the above compensation schedules shall be the monthly amounts.
4 The general salary schedule shall be applicable to all employees except those covered by any of the special salary schedules. However, the employees as prescribed in Articles 28, 29 and 34 shall not subject to any of the compensation schedules.
Article 10. The amount of the new base pay of employees shall be the amount of the new base pay given in Appendix 6 which correspond to the monthly amount of pay as of December 1, 1948.(This monthly amount shall be recomputed as of December 1, 1948, in accordance with the provisions of this Law as prior to this amendment, Cabinet Order and regulations issued thereunder). In cases when the employee's monthly amount of base pay as of December 1, 1948, does not fall on any of the standard pay steps given in Appendix 6, his new pay step shall be the one near to the original amount of his base pay. If, however, the original amount of his base pay falls just half between the two contiguous pay steps, his new pay stop shall be the higher of the two.
2 Even in cases where an employee, under the provisions of the preceding paragraph, is subject to due of the compensation schedules as prescribed in Article 9, the grade in which has position is allocated shall remain unchanged.
3 Even if the amount of new base pay of the employee exceeds the maximum for the salary range for his grade shown in the compensation schedule to which he is subject, the new amount of base pay determined in the manner prescribed in Paragraph 1 shall be paid.
4 In cases where an employee receives the new amount of base pay as provided in the preceding paragraph, he shall not be given any additional pay increase, so long as he remains in the same grade.
5 To expedite December payments the recomputation in accordance with the provisions of this Law with respect to the adjustment of base pay, family allowance and area allowance shall be accomplished in January, 1949 effective as of December 1, 1948 and necessary adjustments in compensation of individual employees shall be accomplished in January, 1949.
6 With respect to compensation beginning December 1, 1948, payments for the month of December, 1948 shall be made to each employee on the basis of an amount equalling 166.3 percent of the base pay, family allowance and area allowance issuable to him for the month of December under the Law concerning Salaries and Other Pays of Government Employees from June, 1948 (Law No.95, 1948) as determined by the Chief of the Office of New Pay Administration.
Article 11. The provisions of the preceding, Article shall not apply to those who are allocated to grade 15.
2 The allocation referred to in the preceding paragraph shall be made by the Office of New Pay Administration in conformity with the purport of the provisions of Article 7.
Article 12. The Speaker of the House of Representatives, the President of the House of Councillors, the Prime Minister, the Attorney-General, various Ministers, the Chief Judge of the Supreme Court, the President of the Board of Audit or the President of the National Personnel Authority (hereinafter referred to as "Chiefs of Agencies" ) and those delegated by the Chief of Agencies shall, subject to the regulations of the Office of New Pay Administration, make appropriate application of this Law so that employees may receive their base pay for each month on the basis thereof, on no later than the 25th day of the month concerned.
Article 13. Regulations concerning standards for the base pay of employees newly recruited or those changed from one grade to another, and for their within-grade salary advancement shall be established by Cabinet Order until such time as rules with respect thereto are provided by the National Personnel Authority.
Article 14. The procedures for payment of base pay under this Law shall be the same as those provided in the Ordinance concerning Salary of Government Service Officials (Imperial Ordinance No.192, 1946), or Article 25 of the Diet Personnel Law (Law No.85, 1947), and the Regulations for Pay of Diet Personnel as provided by the same Article of the Diet Personnel Law. However, employees who have heretofore been paid their base pay twice or oftener a month according to regulations or custom may continue to be so paid.
(Adjustment of Amount of Compensation)
Artile 15. If the National Personnel Authority deems that the amounts in the compensation schedules prescribed in Article 9 are inadequate for the position having the characteristics listed below, it is authorized to establish on account of auch characteristics reasonable schedules of adjustments for the monthly amounts of base pay shown in such compensation schedules, However, nothing contained herein shall preclude it from taking such characteristics into consideration in allocating a given position to a grade in compensation schedules prescribed in this Law, when such special characteristics are uniformly presented in each position involving the same type of work in the same grade. In this case no adjustment of the monthly amount of base pay is authorized under the provisions of this Article:
(1) Those positions wherein the duties and responsibilities are such as would cause them to be allocated to given grades within the compensation schedule prescribed herein, but which are located at isolated, remote, or inaccessible places when compared with the usual location of positions of the same grade;
(2) Those positions wherein the duties involve physical hardships or hazards which are excessive when compared with those usually involved in positions of the same grade.
2 The amount of adjustment as prescribed in the preceding paragraph shall not exceed 25 per cent of the monthly amount of base pay before adjustment.
3 The National Personnel Authority shall make studies as to the application of the compensation schedules referred to in this Law to educational officials and other employees engaged in special work and submit such recommendations as it may deem necessary on the compensation schedule of such and other related matters to the Diet and the Cabinet simultaneously.
(Family Allowance)
Article 16. Family allowances shall be paid to all employees who have dependent relatives.
2 For the purpose of payment of family allowances, the persons listed below who have no other means of livelihood and are primarily dependent upon the employee for their support, shall be considered as dependent relative:
(1) Spouse (including anyone who, though not registered, is actually under marital status with the employee);
(2) Children and grandchildren under eighteen years of age;
(3) Parents and grandparents over sixty years of age;
(4) Younger brothers and sisters under eighteen years of age;
(5) Those who are crippled or disabled.
3 Family allowance shall be paid at the monthly rate of \600 for the dependent falling under Item 1 of the preceding paragraph, and \400 for each of those falling under Items 2 to 5 inclusive. However, with respect to one of the children under eighteen years of age it shall be \600.
(Area Allowance)
Article 17. Area allowance shall be paid to all employees who serve in specially designated areas where the cost of living is specifically high.
2 The monthly amount of area allowance shall be computed by multiplying the monthly total of base pay and family allowance by certain established rates.
3 The rates of area allowances and the classification of areas shall follow the instances heretofore in force.
(Special Work Allowance)
Article 18. The special work allowance shall be in accordance with the Cabinet Order concerning the Special Work Allowances to be granted to Government Employees (Cabinet Order No.323, 1948), or Article 25 of the Diet Personnel Law, and the Regulations for Pay of Diet Personnel (Law No.85, 1947) as provided by the same Article, as to their kinds, the coverage of those who receive them, the amount of allowance and the method of payment until such time as they are incorporated into base pay in compensation schedules, or adjustments are authorized under the provision of Article 15.
(Work Hours per Week)
Article 19. The work hours shall be established by rules of the National Personnel Authority within the limitations of not less than forty hours per week nor more than forty-eight hours per week, exclusive of the rest period.
2 In order to meet the special necessities of their agencies, the Chiefs of Agencies may with the approval of the National Personnel Authority, change or prolong the work hours as prescribed in the preceding paragraph within the limitations of not less than forty hours per week nor more than forty-eight hours per week, exclusive of the rest period.
3 The work hours as prescribed in the preceding two paragraphs shall, insofar as there is no special obstacle, be scheduled over a period of not to exceed six work days, Monday through Saturday, so that Sunday is a non-work day. However, Chiefs of Agencies may, subject to rules of the National Personnel Authority, designate days other than Sundays as non-work days for employees engaged in special work.
(Reduction of Compensation)
Article 20. Employees absent from their duties shall have their compensation reduced by its hourly amount as provided in Article 24, for each hour of absence from duties, except when they are given specific authorization for such absence.
(Overtime Allowance)
Article 21. Employees ordered to work in excess of the regular work hours shall be paid the amount obtained by multiplying their hourly amount of compensation prescribed in Article 24 by the rates given below for all hours worked in excess of the regular hours:
(1) That portion in excess of the regular hours until it reaches the actual eight hours of work a day- 100 per cent;
(2) That portion exceeding the actual eight hours of work a day- 125 per cent.
However, in case the work included time between 10 p. m. and 5 a. m. on the following day- 150 per cent.
(Holiday Pay)
Article 22. All employees shall be paid their regular compensation even when their regular work days fall on holidays.
2 Employees who are ordered to work on holidays during their regular work hours, shall be paid 125 per cent of their hourly amount of compensation prescribed in Article 24 for all hours worked during their regular work hours, by way of holiday pay. No holiday pay shall be paid for the work performed outside of the regular work hours.
3 "Holidays" referred to in the preceding two paragraphs shall be those designated by the Law concerning the National Holidays (Law No.178, 1948).
(Night Allowance)
Article 23. Employees who are ordered to work between 10 p. m. and 5 a. m. on the following day as regular work hours, shall be paid 25% of their hourly amount of compensation prescribed in Article 24 for all hours thus worked, by way of night allowance.
(Computation of the Hourly Amount of Compensation)
Article 24. The hourly amount of compensation prescribed in the preceding four Articles shall be the sum total of the monthly amount of base pay and the monthly amount of area allowance multiplied by twelve and then divided by fifty-two times the number of work hours in a week.
(Revision of Base Pay)
Article 25. When the Chief of the Office of New Pay Administration has deemed that the base pay of employees established by the Chiefs of Agencies or other delegated authority in accordance with Article 12 does not conform to the provisions of Article 9 or Article 10, he may revise or order to revise such base pay.
(Request for Review)
Article 26. An employee who has grievance with the decision concerning compensation made under the provisions of this Law (inclusive of the revision of base pay as provided in the preceding Article) may request the Chief of the Office of New Pay Administration for review.
2 Upon receipt of the request referred to in the preceding paragraph the Chief of the Office of New Pay Administration shall be obligated to settle the issue correspondingly to the instances prescribed in the preceding Article, and to notify the individual and the government agencies concerned.
Article 27. If the employee has grievance with the decision referred to in the preceding Article, Paragraph 2, he may, subject to the procedures of the National Personnel Authority, submit a protest to the National Personnel Authority and request its decision.
2 The provisions of Paragraph 2 of the preceding Article shall apply correspondingly to the instances of the preceding paragraph. In this case the "Chief of the Office of New Pay Administration" and "the government agencies concerned" shall be taken to read, respectively "the National Personnel Authority" and "the Office of New Pay Administration and the government agencies concerned."
(Compensation for Non-Full-time Employees and Others)
Article 28. Committee-men, advisors or consultants or those similar thereto as determined by the National Personnel Authority, who are not required to perform full-time service, may be paid an allowance within the limitation of not exceeding 1,000 yen per day by Chiefs of Agencies with the approval of the Chief of the Office of New Pay Administration. No other compensation shall be paid to such employees.
Article 29. Employees who are subject to the prevailing wage rate by general occupation category under the provisions of the Law concerning the Protection of the Government against Unjust Claims and Others (Law No.171, 1947), Article 2, Paragraph 2, shall be paid their compensation on the basis of that Law notwithstanding the provisions of this Law.
(Examination of Amounts and Rates of Compensation)
Article 30. In order to determine whether or not revisions in the amounts or rates of compensation are necessary, the Diet shall make periodical examinations of the amounts and rates of compensation on the basis of investigations made by the National Personnel Authority, taking into account changes in the economic factors originally utilized in the enactment or revision of this Law. To this end, the National Personnel Authority shall investigate the facts, utilizing accurate and appropriate statistical data offered by the Bureau of Statistics of the Prime Minister's Office, the Ministry of Labor, and other agencies of government, and prepare recommendations on compensation.
(Penal Provisions)
Article 31. A person who in violation of the provisions of this Law, pays compensation or refuses its payment or who wilfully authorizes such acts shall be sentenced to not to exceed one year in penal servitude or fined not to exceed thirty thousand yen.