The Employment Security Law (Law No.141 of 1947) shall be partially amended as follows:
In Article 4, item 3 shall be deleted, items 2 and 4 shall be remarked as, items 4 and 5 respectively, and the rest shall be moved down by one item accordingly. The following two (2) items shall be added after item 1:
(2) By establishing necessary programmes and ensuring the implementation of the same, in order to help the unemployed to obtain jobs.
(3) By establishing free employment exchange services to help applicants seeking work get place in suitable jobs with a minimum of delay, and to supply employers seeking workers with necessary labor power.
In Article 5, paragraph 2 shall be marked as paragraph 4, and paragraphs 1 to 3 inclusive shall be as follows:
The free employment exchanges in this Law shall mean the employment exchange service, operated without deriving pecuniary or other material advantage, either directly or indirectly, on any excuse, from either employer or worker.
The fee-charging employment exchanges shall include both the fee-charging employment exchanges not for profit-making and the fee-charging employment exchanges for profit-making;and the feecharging employment exchanges not for profit-making shall mean those which, though not conducted with a view to deriving any advantage, levy from either employer or worker for the employment exchange services, an entrance fee, a periodical contribution, any other fee or charge for actual cost;and the fee-charging employment exchanges for profit-making shall be defined as those which are conducted with a view deriving, either directly or indirectly, pecuniary or other advantage from either employer or worker.
In the heading of Chapter II "By the Government" shall read "By the Employment Security Organization" .
Article 10 shall read as follows:
(Cooperation with Public Seamen's Employment Security Offices)
Article 10. Public Employment Security Office shall cooperate, in respect of the sevices of Public Seamen's Employment Security Office, with the latter office.
The following one paragraph shall be added in Article 11:
The mayors or headmen of cities, towns or villages must not charge, under any pretext, any fee for actual cost for the services mentioned in the preceding paragraph, either to a job applicant or employer.
In Article 12, paragraph 1, next to "the important matters concerning the execution of this Law as well as the programs and activities of the Public Employment Security Offices" shall be added "and the affairs to be assigned to the committee based on other law or laws" ;paragraphs 9 and 10 shall be placed after paragraph 11;and the present paragraph 10 of the same Article, which will become paragraph 11 in the revised version (English version only), shall be amended as follows:
"The amount of travelling expenses, daily allowances and hotel expenses referred to in the preceding paragraph shall be determined by the Minister of Labor in accordance with the amount established for governmental officials for that purpose" .
The first paragraph of Art.19 shall be amended as follows:
The Public Employment Security Offices shall endeavour to refer a job applicant to the work most appropriate to his abilities and to refer to an employer the workers who meet the hiring specifications.
In Chapter II, "Section IV" shall be amended as "Section V" ;and the following Section shall be added as Section IV of the same Chapter.
Section IV. The Employment Exchange Service to Students, Pupils or Graduates of Schools
(Principles of Employment Exchange for Students, Pupils, etc.)
Article 25-(2). Public Employment Security Offices shall render such services of assistance, in cooperation with the school, to students, pupils or graduates of the schools under the School Education Law (Law No.26, of 1947) Article 1, as providing the employment information on labor supply and demand and other employment relations, the advices and counsels necessary in the job selection, obtaining as many job openings as possible by inter-area employment activities, and exercising efforts to place them in the most apprcpriate jobs, with the view of easing their job entry, in addition to that conducted by the provisions of Section II.
(Cooperation between Public Employment Security Office and Schools)
Article 25-(3). The chief of Public Employment Security Office, when deemed necessary for smoothing the employment activities for students, pupils or graduates of the schools under Article 1 of School Education Law may have the head of the school implement a part of the functions of the Public Employment Security Office, with the agreement, or at the request, of the head of that school.
The functions, that the chief of Public Employment Security Office may have the head of school assist by the provisions of the preceding paragraph shall be limited to the following functions:
(1) Order-taking and forwarding the orders taken in to Public Employment Security Office;
(2) Taking and processing applications;
(3) Referring and placing the applicants;
(5) Follow-up after placements;
(6) Placing the applicants to Public Vocational Training Centers.
The heads of the schools, who perform a part of the functions of the Public Employment Security Office in accordance with the provisions of paragraph 1, may refuse to accept such job-order or job-application for job classification that is not rerated to the courses of training given by the schools despite of the provisions of Articles 16 and 17.
The heads of the schools who perform a part of the functions of Public Employment Security Office in accordance with the provisions of paragraph 1, shall appoint persons from among school staff to take and keep always in touch with the competent local offices.
The chief of the Public Employment Security Office shall provide the heads of the schools, who perform a part of the functions of a local office under the provision of paragraph 1, with the employment information and other assistance in the employment exchange activities by them;and may grant even economical assistance to them when deemed specially necessary.
The heads of the schools, who perform a part of the functions of the Public Employment Security Office in accordance with the provisions of paragraph 1, shall comply with standards of administrative supervision established in accordance with the provisions of this Law concerning the performance of the delegated part defined by the Director of the Employment Security Bureau upon consulting with the officials designated by the Minister of Education.
Where the head of the school, who performs a part of the functions of the Public Employment Security Office in accordance with the provisions of paragraph 1, infringes laws, regulations and the standards provided in the preceding paragraph, the chief of the Public Employment Security Office shall have authority to prohibit the employment service by the head of that school.
The provision of the preceding seven (7) paragraphs shall not apply to the free employment exchange service rendered by the head of schools in accordance with the provisions of Article 33-(2).
(Detailed Regulations)
Article 25-(4). The necessary procedure concering the coodination and collaboration between a local office and schools, the assistance or any item relating to the employment exchange service to the students and pupils of, or the graduates from, schools, shall be prescribed by an ordinance.
Article 26 shall be amended as follows:
(Principles of the vocational training)
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.
The vocational training shall be carried out as the vocational training at the Public Vocational Training Centres, and as on-the-job training in the facilities established and operated for providing occupations for the unemployed.
The vocational training program in this Law does not include the general occupational training based on the School Education Law.
The Minister of Labor shall coordinate in planning over-all vocational training programs with competent educational authorities, to assure maximum use of facilities and to avoid duplication of vocational courses in schools.
Vocational training will be free of charge.
The provisions of Section IV shall apply to the vocational training projects operated by the subsidies, wholly or partially, from the National Treasury.
The following Article shall be added after Article 26.
(Vocational Training for The Handicapped)
Article 26-(2). In order to assist those handicapped persons who are capable of being trained to secure normal employment, and to receive the necessary training, it will be the policy of the Training Centers to accept physically handicapped persons and train them along with normal trainees. In cases where persons requiring training have handicap which prevents them from being trained in such centres, Special Public Vocational Training Centres may be operated to teach them some skill by which they may earn a living at normal employment, care being taken in choosing the types and methods of training adequate to individual circumstance.
The Labor Minister shall be authorized to set up, where desirable, special Vocational Training Centres as prescribed in the proviso to the preceding paragraph, in Welfare Ministry Rehabilitation Centres after consulting with the Welfare Minister.
When Labor Minister dooms necessary for training the handicapped, the Public Vocational Training Centres may manufacture and repair artificial limbs and special working tools for his work.
The heading of Art.27 shall read "(The Establishment of the Public Vocational Training Centres)" . The first paragraph of the same Article shall be amended as follows:
The Labor Minister shall have the prefectural governors establish and operate Public Vocational Training Centres for implementing the vocational training stated in the preceding two (2) Articles.
Paragraph 2 of the same Article shall be placed as paragraph 4;and "such project or projects" in the same paragraph shall read "the Public Vocational Training Centres" ;and "to other agencies under the control of public authority" of the same paragraph shall read "only to public bodies" ;and following two paragraphs shall be added after paragraph 1:
Prefectural governor may delegate the operation of a Vocational Training Centre only to a public body.
Having drawn up the program pertaining to the on the job training defined in the second paragraph of Article 26, the Minister of Labor shall require prefectural governors to put it into action.
The heading of Art.28 shall read "Subsidies" ;and paragraph 1 of the same Article shall be amended as follows;and in paragraph 2 of the same Article "Vocational Training Centres" shall read "Public Vocational Training Centres" :
The National Treasury shall subsidize the necessary expenditure as provided by law for the establishment and operation of the Public Vocational Training Centres and for the operation of on-the-job training by prefectural governors in accordance with the provisions of paragraphs 1 to 3 of the preceding Article.
In Art.28, The following one paragraph shall be added:
If the National Government finds that the prefectural governors are not operating the program in accordance with this Law or the regulations established by the Minister of Labor under this Law, funds already provided for vocational training may be refunded and further funds for vacational training may be withheld from the prefecture until such time as the program is brought into conformance with this Law and the regulations under This Law.
In Art.29 "Public or private agencies under the control of public authority" in paragraph 1, shall read "public bodies" ; "vocational training projects" shall read "Public Vocational Training Centres and other necessary vocational training facilities" and in paragraph 2 of the same Article "Vocational Training Centres" shall read "Public Vocational Training Centres" .
Article 30 shall be amended as follows:
(Assistance Rendered for supervisor Training Conducted by Factories and Establishments)
Article 30. The Minister of Labor shall establish specialized staff and prepare necessary materials to provide technical assistance to factories or establishments in carrying out on-the-job training of their foremen and instructors, with the exception of training of skilled laborers as otherwise provided for in the Labor Standards Law.
When factories or establishments, with a view to obtaining full efficiency of man-power resources, carry out training program to give foremen and instructors skill required for their charge of guidance and supervision to employees, with the exception of training of skilled laborers as otherwise provided for in the Labor Standards Law, the Minister of Labor shall at their request, provide necessary assistance to the factories or establishments such as dispatch of training leaders and supply of documents, etc.
The Minister of Labor may delegate to prefectural governor certain responsibilities for furnishing technical assistance as provided for in the preceding paragraph.
In Art.31, "preceding five Articles" shall read preceding six Articles."
"The Government" in the heading of Chapter III shall read "Employment Security Organization."
"Section I." of the same Chapter shall be amended as "Section II" and the rest shall be amended accordingly;and the following section shall be added as Section 1 of the same Chapter.
Section I. General Provisions
(Application of the Law)
Article 31-(2). The provisions of the Chapter shall apply to Employment Exchange, Labor Recruitment and Labor Supply Project by any other person than the Employment Security Organization, except as provided in other national Law.
Article 32 shall be amended as follows:
(Fee-charging Employment Exchange Project)
Article 32. No one shall conduct a fee-charging employment exchange project;unless fee-charging agencies be licensed by the Minister of Labor, for individuals or agencies, providing specialized services for artists, musicians, entertainers, and other highly specialized scientific or professional services.
When the Minister of Labor wanted to make such license referred to in the preceding paragraph, the Minister of Labor shall make reasonably sure of financial and moral responsibility of the applicants and obtain the recommendation for the approval of National Employment Security Advisory Committee.
The person who operates fee-charging employment exchange project for profit-making shall pay the bond not exceeding fifty thousand yen (50,000) for payment of injury as specified in paragraph 4 determined by the Ministry of Labor upon recommendation of National Employment Security Advisory Committee prior to operating the said project.
Any person injured by failure of the fee-charging employment exchange agencies for profit-making complying with the provisions of this Law or the ordinance under this Law shall be entitled to action on the bond to recover the amount of loss or damage.
The person, who has been licenced for feecharging employment exchange project not for profit-making or fee-charging employment exchange project for profit-making, shall pay the license fee determined by the Minister of Labor upon recommendation of National Employment Security Advisory Committee and with the approval of the Director-General of the Price Board, varying with the above classification.
No person, who operates the fee-charging employment exchange project not for profit-making or fee-charging employment exchange project for profit-making, shall levy fees of compensation exceeding the amount determined by the Minister of Labor upon recommendation of National Employment Security Advisory Committee and with the approval of the Director-General of the Price Board, varying with the above classification.
Licenses of paragraph 1 must be renewed annually.
Procedures necessary to obtain licenses shall be determined by the Minister of Labor as stipulated by ordinance.
Paragraph 1 of Article 33 shall be amended as follows:
Any person who desires to operate free employment exchange project must secure the license for doing so from the Minister of Labor except the case provided in Article 33-(2).
The following three Articles shall be added after Article 33:
(Free Employment Exchange Service rendered by Schools)
Article 33-(2). The head of any school defined by the School Education Law, Article 1 may operate, with the notification to the Minister of Labor, the free employment exchange service only to the students of, or those who have graduated from that shool. However, a free employment exchange operated by the headmaster of the school for graduates, excluding university and higher school, shall be limited to those who have graduated within six (6) months from that school.
The head of school, who operates free employment exchange based on the provisions of the preceding paragraph, may be permitted to introduce places of employment which involve the change of the applicants'residences, after permission obtained from the Minister of Labor or when the presidents, deans or heads of universities of higher schools operate a free employment exchange service.
The heads of schools who operate free employment exchange in accordance with the provisions of paragraph 1 shall appoint persons from among the school staff to take charge of the employment exchange.
The necessary items concerning the procedure in respect of the notification of paragraph 1 and other employment exchange services rendered by the head of a school, shall be defined by ordinance.
(Determination of the Operation Range of Free Employment Exchange Service)
Article 33-(3). The Minister of Labor may limit the job titles and other operation range, which free employment exchange agencies are to operate, upon giving permission to the application for license to operate a free employment exchange project in accordance with the provisions of Article 33, paragraph 1.
The head of the school who is to operate a free employment exchange project in accordance with the provisions of paragraph 1 of the preceding Article, may determine the range of operation in its employment exchange service upon submiting the notification to operate free employment exchange to the Minister of Labor.
(Prohibition of Conducting Side-business by Employment Exchange Agency)
Article 33-(4). Any person who runs a restaurant, public house, inn, secondhand shop, pawn shop, money-lending business exchange shop, or any other similar business, shall not be allowed to conduct the employment exchange project.
The heading of Article 34 shall read (applicable provision), paragraph 1 shall read as follows:and in paragraph 2 of the same Articles "the preceding two Articles" shall read "Article 32 to Article 33-(2) inclusive."
Provisions of Articles 16, 17, 18, Article 19, paragraph 1 and Article 20 shall apply mutatis mutandis, to the employment exchange projects operated by other than Employment Security Organization;however, in case the Minister of Labor permitted an employment exchange project setting limits to the range of operation according to Article 33-(3), paragraph 1, or in case the head of a school submitted a notification to operate employment exchange setting limits to its operation range according to the provisions of Article 33-(3), paragraph 2, provisions of Articles 16 and 17 shall apply mutatis mutandis within its limits alone.
The heading of Article 36 shall read "Direct application" .
In Article 49 "or have notified" in paragraph 1 shall be added after "which have been authorized" , "The provisions of Article 44" of paragraph 2 of the same Article shall read "the provisions of Articles 32 to 33-(2), 36, 37 and 44" , "employers, or the workers" in the same Article shall read "employers, persons engaged in recruitment or the workers" .
In Article 50 "or notification" shall be added after "with permission" and the following one paragraph shall be added to the same Article:
"In case the Minister of Labor is to suspend the free employment exchange service operated by the head of a school according to Article 33-(2), paragraph 1, he shall report it to educational government offices in advance" .
In Article 51 "the government" shall read "the Employment Security Organization" .
The following one Article shall be added after Article 52:
(Publicity of Services)
Article 52-(2). The Government shall plan and implement the programs for the publicity of the emploment exchange, the vocational guidance, the vocational training and the Unemployment Insurance, all of which are operated by the said government, and the objects of this Law.
In Art.64, item 1, "profit making or fee-charging" shall read "fee-charging" .
In Art.65, item 1 shall be marked as item 6 and the rest shall be remarked accordingly, and the following five (5) items shall be added:
a. One who violates the provisions of Article 11, paragraph 2.
b. One who violates the provisions of Article 32, paragraph 6.
c. One who operates free employment exchange service without submitting a notification as provided in Article 33-(2), paragraph 1.
d. One who violates the provisions of Article 33-(2), paragraph 2.
e. One who violates the provisions of Article 33-(4).