Emergency Unemployment Counter-measures Law
法令番号: 法律第89号
公布年月日: 昭和24年5月20日
法令の形式: 法律
I hereby promulgate the Emergency Unemployment Counter-measures Law.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the fifth month of the twenty-fourth year of Showa (May 20, 1949)
Prime Minister YOSHIDA Shigeru
Law No.89
Emergency Unemployment Counter-measures Law
Contents
Chapter I General Provisions(Art.1-Art.3)
Chapter II Work Relief Projects(Art.4-Art.11)
Chapter III Public Works Project(Art.12-Art.16)
Chapter IV Miscellaneous Provisions(Art.17-Art.22)
Supplementary Provision
Chapter I. General Provisions
(The Aim of the Law)
Article 1. The aim of the Emergency Unemployment Counter-measures Law is to establish a program, when there is much unemployment or when there is a fear of widespread unemployment, by absorbing as many unemployed as possible in both Work Relief and Public Works Projects, to assure a livelihood security and to contribute to the rehabilitation of national economy.
(Definition)
Article 2. "Work Relief Projects" in this Law means the various projects planned by the Minister of Labor for the purpose of chiefly giving the unemployed opportunities of employment, financed in whole or in part by the National Government and operated either by the National Government itself or by local government bodies according to plans and procedures established by the Minister of Labor.
2 "Public Works Projects" in this Law means those projects of necessary construction works of public nature and the projects necessary for rehabilitation, carried out directly or indirectly by the National Government itself or by the local government bodies with an authorization by the Director-General of the Economic Stabilization Board.
Article 3. "Planning Agencies" in this Law means the National Government or the local government bodies who plan and administer "Work Relief Projects" or "Public Works Projects" .
2 "Operating Agencies" in this Law means those agencies which actually carry out these Public Works Projects in accordance with contracts signed between planning agencies and contractors.
Chapter II. Work Relief Projects
(Conditions of Work Relief Projects)
Article 4. Work Relief Projects shall be operated in the undertakings of the following nature:
(1) Be of undertakings which can employ as much manpower as possible.
(2) Be of nature which shall be carried out in localities where there exist a large number of unemployed or in potential centers of unemployment.
(3) Be of nature which can absorb as many as possible of particular types of workers who become unemployed.
(4) Be of such nature that the expenses for wages will not be less than a definite percentage of cost of entire project, a specific percentage being determined by the Minister of Labor.
(5) Be of such nature that projects may easily be varied in size or discontinued if manpower conditions in the localities change.
(Investigation of unemployment conditions)
Article 5. The National Government for the purpose of investigating unemployment conditions shall take necessary steps to survey an increase or decrease of a number of the unemployed as well as to analyze unemployment conditions.
(Establishment of over-all plans for Work Relief Program)
Article 6. The Minister of Labor shall utilize the surveys on trends of employment and unemployment throughout the country to establish over-all plans for a program of work relief, suitable for absorption of unemployed in localities where there are existing or potential centers of unemployment.
(Decisions of types of Work Relief Projects)
Article 7. The Minister of Labor, upon the establishment of the plans referred to in the preceding Article, shall inform the Director-General of the Economic Stabilization Board of the locality, number, and nature, etc. of wokers to be employed.
2 The Director-General of Economic Stabilization Board shall, upon receipt of the information described in the preceding paragraphs, provide the Labor Minister with suitable projects to absorb such workers, which projects must be of highest possible economic value.
3 The Minister of Labor and the Director-General of the Economic Stabilization Board, in accordance with steps taken in the preceding two paragraphs, shall determine in advance the scope, types, and planning agencies of Work Relief Projects.
(Decisions of Commencements of the Work Relief Projects)
Article 8. The Minister of Labor shall determine the date of commencement and cessation of the Work Relief Projects, etc.
(Subsidies of expenditures for Work Relief Projects)
Article 9. The National Government may operate and finance entirely work Relief Projects or may subsidize the whole or a part of the expenditures necessary for the Work Relief Projects operated by the local government bodies.
(Workers for Work Relief Projects)
Article 10. Workers employed by planning agencies in the Work Relief Projects shall be the unemployed referred to by Public Employment Security Office except engineers, technicians or supervisors of such a nature that they could not be recruited through the Public Employment Security Offices.
2 Wages paid to the unemployed on Work Relief Projects shall be determined by the Labor Minister. In all cases such wages shall be lees than the actual wages being paid in the same community for works of a similar nature.
(Refusal of employment of workers for Work Relief Projects)
Article 11. The operating agency of Work Relief Projects may refuse to employ any unemployed referred to by Public Employment Security Office if the worker is found unfit to perform the work.
Chapter III. Public Works Projects
(An Establishment of an Unemployment Absorption Percentage)
Article 12. The Minister of Labor by consultation with Director-General of the Economic Stabilization Board may establish in accordance with types of the Public Works Projects a percentage of a number of unemployed among all workers to be employed in that project by job classification, types of the projects, or localities concerned.
(Employment of Unemployed by Unemployment Absorption Percentage)
Article 13. The Planning Agencies of the Public Works Projects as being provided with a percentage by provisions under the preceding Article (hereinafter called Unemployment Absorption Percentage) shall employ at all times a number of unemployed equal to that of Unemployment Absorption Percentage from the Public Employment Security Offices.
2 In case of difficulties of recruiting the necessary number of unempoloyed from Public Employment Security Office in accordance with the preceding paragraph, the Public Employment Sccurity Office must give the operating agencies a clearance to recruit by other means the balance of workers required over the number that the Public Employment Security Office is able to provide.
3 The provisions in the first paragraph shall not prevent planning agencies of the Public works projects from employing unemployed referred to from Public Employment Security Office in excess of an Unemployment Absorption Percentage.
(Reports concerning numbers of workers in the Public Works Projects)
Article 14. Planning Agencies of the Public Works Projects shall determine the number of workers by job classification to be employed in the projects and shall report it to the competent Public Employment Security Office, as provided by the Minister of Labor, prior to the commencement of the project and also quarterly.
(Refusal of employment of workers in the Public Works Projects)
Article 15. Provisions under Article 11 shall apply mutatis mutandis to refusal of employment of unemployed in the project operated by a planning agency of the Public Works Projects.
(A contract in which other than that of the planning agency becomes an operating agency)
Article 16. Provisions under Articles 13 to 15 inclusive shall apply mutatis mutandis to operating agencies.
2 Provisions shall be included in the contract between planning and operating agencies to the effect that the operating agencies shall abide by the provisions stipulated in the preceding paragraph.
Chapter IV. Miscellaneous Provisions
(Report on the cases of violations)
Article 17. In case a Public Employment Security Office manager finds that the planning agencies (including the operating agencies as in the case of Article 16;hereinafter the same) have violated this Law or ordinances issued under this Law, the Public Employment Security Office manager shall give a written notice to planning agencies or to operating agencies by pointing out the cases of violations. In this notice it is necessary to write out clearly the cases of the violations of the competent planning agencies or the operating agencies.
(Reports of the Violations)
Article 18. When the planning agencies or the operating agencies who received notice, referred to in the preceding Articles, have not corrected the violations within 20 days after receiving notice, Public Employment Security Office manager shall report to the Minister of Labor to that effect.
(Suspensions of the Work Relief Projects)
Article 19. When the Public Employment Security Office report, referred to in the preceding Article, has been made concerning the Work Relief Projects, the Minister of Labor shall at once investigate the cases of violations, and if the reasons given in the report were found correct, the Minister of Labor may suspend the whole or a part of the projects or order them to repay the subsidies.
(Orders of corrections of the violations in the Public Works Projects)
Article 20. When the report referred to in Article 18 has been made, concerning Public Works Projects, the Minister of Labor may demand in writing the Director-General of Economic Stabilization Board for corrections of those violations.
2 The Director-General of Economic Stabilization Board upon receiving request of corrections of such violations referred to in the preceding paragraph, shall investigate the cases of violations, and if he finds the application has a good reason, he shall instruct that planning agency to correct immediately the violations or, if necessary, he shall refuse the future approval for the whole or a part of the said project.
(Request of the reports)
Article 21. When necessary, the administrative agency may demand the operating agencies or the planning agencies to make necessary reports on the actual employment conditions or the conditions for the separations of workers.
(Inspections of facilities)
Article 22. The administrative agencies, when they find necessity of investigating actual enforcement conditions of this Law, may dispatch their officials to working places and other places of both Work Relief and Public Works Projects and may request the planning agencies or the operating agencies to present their ledgers and documents for inspections or may put questions to both employers and workers.
2 In exercising the authority referred to in the preceding paragraph, the competent official shall carry an identification card on the person.
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Prime Minister YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Labor SUZUKI Masabumi
Minister of Construction MASUTANI Shuji