The Ministry of Labor Establishment Law
法令番号: 法律第162号
公布年月日: 昭和24年5月31日
法令の形式: 法律

審議経過

I hereby promulgate the Ministry of Labor Establishment Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-fourth year of Showa (May 31, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.162
The Ministry of Labor Establishment Law
The Ministry of Labor Establishment Law (Law No.97 of 1947) shall be amended in toto:
Contents
Chapter I. General Provisions(Articles 1-4)
Chapter II. Ministry Proper
Section 1. Internal Subdivisions(Articles 5-10)
Section 2. Auxiliary Organs(Articles 11-13)
Section 3. Local Branch Offices(Articles 14-19)
Part 1. Prefectural Labor Standards Offices(Articles 15-16)
Part 2. Labor Standards Inspection Offices(Article 17)
Part 3. Public Employment Security Offices(Articles 18-19)
Chapter III. External Organs(Article 20)
Chapter IV. Personnel(Articles 21-22)
Supplementary Provisions
Chapter I. General Provisions
(Purpose of this Law)
Article 1.　The purpose of this Law is to define clearly the scope of responsibilities and the power of the Ministry of Labor and to provide an organization fit for the efficient conduct of the administrative affairs and enterprises under the jurisdiction of the Ministry.
(Establishment)
Article 2.　The Ministry of Labor is hereby established under the provision of Article 3 Paragraph 2 of the National Government Organization Law (Law No.120 of 1948).
2　The Ministry of Labor shall be headed by the Minister of Labor.
(Mission of the Ministry of Labor)
Article 3.　The Ministry of Labor shall be the Government organ responsible for the integrated administration of the affairs and enterprises of the National Government, as enumerated below, to improve the welfare of the wage earners and advance their opportunities for securing profitable employment, thereby making contributions to the economic prosperity and the stabilization of the people's life:
(1)　Matters pertaining to trade unions, the adjustment of labor relations and the labor enlightenment and publicity;
(2)　Improvement of working conditions and labor protection;
(3)　Research, adjustment and coordination of the problems for promotion of women's status and other women's problems;
(4)　Employment exchange, vocational guidance, vocational training and adjustment in labor demand and supply;
(5)　Unemployment counter-measures;
(6)　Labor statistics survey;
(7)　Promotion of workers'welfare and securing of employment other than those enumerated in the preceding items;
(8)　Workers'Accident Compensation Insurance;
(9)　Unemployment Insurance.
(Powers of Ministry of Labor)
Article 4.　For the purpose of carrying out the responsibilities provided for in this Law, the Ministry of Labor shall have the powers as listed below;such powers shall, however, be exercised in accordance with law (including orders issued thereunder):
(1)　To make, within the limits of the budgetary appropriations, obligations necessary for carrying out its responsibilities;
(2)　To collect revenues and make payment necessary for carrying out its responsibilities;
(3)　To establish, and maintain office and other facilities, directly required for carrying out its resposibilities;
(4)　To procure materials for use in enterprises, office supplies, research materials, etc. which are directly required for carrying out its responsibilities;
(5)　To dispose of unnecessary property;
(6)　To administer personnel affairs, including appointment, dismissal, reward and punishment;
(7)　To establish and maintain the facilities required for the welfare and health of personnel;
(8)　To establish and maintain housing to be rented to personnel;
(9)　To distribute or publish the statistics and research data related to affairs under its jurisdiction;
(10)　To inspect the affairs under its jurisdiction and to take such measures as may be required in accordance with the provisions of laws or orders;
(11)　To disseminate information to the public concerning the affairs under its jurisdiction;
(12)　To adopt the official seals of the Ministry of Labor;
(13)　To give approval or authorization regarding juridical persons for the public benefits which are related to the affairs under its jurisdiction, or to withdraw such approval;
(14)　To reject or nullify a protest against the decision concerning the qualifications of a trade union or against the order for the alteration of union charter, which are made by a prefectural governor;
(15)　To decide the application of a collective agreement to homogeneous workers and employers in the area covering two or more prefectures;
(16)　To determine the name, location, area of jurisdiction, responsibilities, and the authorized number of the members, of Special Labor Relations Commission;
(17)　To make administrative agencies carry out the function of the prefectural governors defined by the Trade Union Law (Law No.51 of 1945)(including orders issued thereunder) and the Labor Relations Adjustment Law (Law No.25 of 1946)(including orders issued thereunder);
(18)　To designate additionally public welfare work defined by the Labor Relations Adjustment Law, in addition to those enumerated in the said Law;
(19)　To exercise by itself the powers of a prefectural governor to request the mediation of labor relations commission or to designate other prefectural governor and make him exercise the said powers, or to designate a perfectural governor and make him exercise the powers of the Minister of Labor, in respect of the labor disputes in a public welfare work;
(20)　To make a decision on the qualifications of a trade union of the Public Corporation employees or alter the union charter thereof, and to plead the court for the dissolution of a union of such employees;
(21)　To request the Nation Railways Mediation Commission or the Monopoly Public Corporation Mediation Commission for the mediation regarding the labor relations in the Japanese National Railways or the Japan Monopoly Public Corporation;
(22)　To request the Prime Minister to discharge a member of the Public Corporation Arbitration Commission, when he was deemed unable to exercise his function for physical or mental reason, or to have neglected his official duties, or committed other misconducts unfit for membership;
(23)　To request the Public Corporation Arbitration Commission for an arbitration;
(24)　To define the screening standards for prohibition to hold any post of the officers of an association or society relating to labor, or to release such prohibition;
(25)　To conduct or grant inspection, questioning approval, authorization, permission, examination or arbitration based on the Labor Standards Law (Law No.49 of 1947);
(26)　To determine the minimum wage for the workers engaged in specific enterprises or occupations;
(27)　To perform the efficiency-test on the machines or tools in the operation of which danger is involved;
(28)　To order employers to increase the number of or to dismiss the safety officers or health supervisors;
(29)　To suspend the commencement of the construction, or to order to alter the plan, of buildings and others in a specific enterprise, in case such suspension or alteration is deemed necessary for the safety or sanitation of workers;
(30)　To order an employer and workers to suspend the use of, or order alteration and other necessary matters concerning the whole or part of building, dormitory or other appendant structure or facilities, or equipment, or raw materials or stuffs, when any of those is in contravention of the defined standards on safety or sanitation;
(31)　To annul without retroactivity, such labor contract as considered unfair to a minor;
(32)　To make a physician perform diagnosis or autopsy, in case it is deemed necessary for the examination or arbitration, in regard to the worker's accident compensation;
(33)　To order the alteration of the working rules which contravene laws or orders, ordinances or a trade agreement;
(34)　To require employers or workers, in regard to the enforcement of the Labor Standards Law, to submit reports on necessary items or to report in person;
(35)　To give assent to the proposal of joining to or seceding from the Worker's Accident Compensation Insurance, when such proposal has been made by the employer of the enterprises of voluntary coverage of the said insurance;
(36)　To collect the Worker's Accident Compensation Insurance Premium;
(37)　To require an employer or the insured or other interested person to submit reports or documents, or to report in person, in relation to the Worker's Accident Compensation Insurance;
(38)　To license fee-charging or profit-making employment exchange projects for such professions as artists, musicians, entertainers and other occupations requiring specially advanced technique or to approve free employment exchange projects;
(39)　To grant permission on labor recruitment through other channels than advertising;
(40)　To define the area-limit or time-limit for the labor recruitment by advertising;
(41)　To give permission on the free labor supply projects conducted by trade unions based on the Trade Union Law (Law No.174 of 1949);
(42)　To require necessary reports from employers on the hiring and separation of workers their working conditions and other matters relating to the employment security;
(43)　To require those who conduct the employment exchange, labor recruitment, or labor supply projects to submit reports on such projects or services;
(44)　To give assent to the proposal of the voluntary inclusion to, or voluntary serverance from the Unemployment Insurance when such proposal has been made by the employer of a plant of voluntary coverage of the said Insurance;
(45)　To collect the Unemployment Insurance Premium;
(46)　To require an employer, the insured or other interested persons to submit necessary reports or documents, or to report in persons in relation to the Unemployment Insurance;
(47)　To determine the date of commencement or cessation, etc., of the works in Work Relief Projects;
(48)　To have planning agencies or operating agencies of Public Works Projects or Work Relief Projects report on the conditions of the employment or separation of the workers in the projects;
(49)　In addition to those listed in the preceding items, such powers as are placed under the Ministry of Labor by Law (including orders issued thereunder).
Chapter II. Ministry Proper
Section 1. Internal Subdivisions
(Internal Subdivisions)
Article 5.　The Ministry proper shall have the Minister's Secretariat and the following four bureaus:
Labor Policy Bureau;
Labor Standards Bureau;
Women's and Minors'Bureau;
Employment Security Bureau.
2　The Labor Statistics and Research Division shall be established in the Minister's Secretariat.
(Functions of the Minister's Secretariat)
Article 6.　The Minister's Secretariat shall, in connection with the responsibilities of the Ministry of Labor, take charge of the following affairs:
(1)　Confidential matters;
(2)　Classification, appointment and dismissal of personnel, their status, disciplinary punishment, performance of duty and other personnel affairs;also their refinement and training;
(3)　Custody of the Minister's and the Ministry's official seals;
(4)　Receipt, dispatch, compilation and custody of official documents;
(5)　Budget estimates for expenditures and revenues, settlement of accounts, accounts and account audit;
(6)　Control of state properties and articles;
(7)　Health, medical treatment and other welfare measures for personnel;
(8)　Inspection of administration;
(9)　Liaison affairs;
(10)　Dissemination of information;
(11)　Coordination and adjustment, such as examination of draft bills and orders;
(12)　Compilation of regular statistics concerning labor unions, labor disputes and other Labor relations, and publication thereof;
(13)　Compilation of regular statistics concerning working conditions, and publication thereof;
(14)　Compilation of regular statistics concerning wages, salaries and other allowances, and publication thereof;
(15)　Compilation of regular statistics concerning worker's cost of living and publication thereof;
(16)　Compilation of regular statistics concerning employment, and publication thereof;
(17)　Collection, filing and analysis of the data concerning national and international labor situation and publication of results thereof;
(18)　Survey on economic problems in connection with workers'livelihood, allowances and employment and publication of results thereof;
(19)　In addition to the affairs listed in the preceding items, such repsonsibilities of the Ministry of Labor as are not in the charge of other bureaus or organs.
2　The Labor Statistics and Research Division shall take charge of the affairs prescribed in items (12) to (18) inclusive of the preceding paragraph.
(Functions of Labor Policy Bureau)
Article 7.　The Labor Policy Bureau shall take charge of the following affairs:
(1)　The enforcement of the Trade Union Law and the Labor Relations Adjustment Law (Law No.25 of 1946);excepting, however, the affairs performed by labor relations commissions, which are prescribed in the provisions of Articles 6, 8, 15, 24 (including the modified application based on the provision of Article 31), Article 27 Paragraph 2, Articles 28, 29, and Article 33 Paragraph 2 of the Trade Union Law, Article 36 Paragraphs 3-5 of the Enforcement Ordinance for the Trade Union Law (Imperial Ordinance No.108 of 1946), and Article 8, Paragraph 2 the proviso of Article 40 and Article 42 of the Labor Relations Adjustment Law, and the affairs of the conciliation, mediation and arbitration of labor disputes based on the Trade Union Law and the Labor Relations Adjustment Law;
(2)　To perform the affairs placed under the powers of the Minister of Labor and the Ministry of Labor, in accordance with the Public Corporation Labor Relations Law (Law No.257 of 1948);
(3)　To perform the affairs placed under the powers of the Minister of Labor in accordance with laws and orders, concerning the Labor Relations Commission, Public Corporation Arbitration Commission, the National Railways Central Mediation Commission, the Monopoly Public Corporation Central Mediation Commission, the National Railways Local Mediation Commission, and the Monopoly Public Corporation Local Mediation Commission;
(4)　Enlightenment and publicity concerning the trade union and labor relations adjustment;
(5)　In addition to those listed in the preceding items, the affairs concerning trade unions, other organizations relating to labor and and labor relations adjustment, which are not in the charge of other organs.
(Functions of Labor Standards Bureau)
Article 8.　The Labor Standards Bureau shall take charge of the following affairs:
(1)　Wage, working hours and rest;
(2)　Industrial safety, excepting the affairs concerning public peace in mines;
(3)　Labor sanitation, excepting air-conditioning in pits and rescue work in accidents in the mines;
(4)　Worker's accident compensation;
(5)　Worker's Accident Compensation Insurance;
(6)　Worker's Accident Compensation Insurance Special Account;
(7)　Promoting labor efficiency;
(8)　Facilitating the welfare of workers;
(9)　Supervision relating to the working conditions and labor protection in the factories, mines and other working places;
(10)　Management and supervision of the Industrial Safety Institute;
(11)　In addition to those listed in the preceditems, the enforcement of the Labor Standards Law, and the Worker's Accident Compensation Insurance Law (Law No.50 of 1947), as well as the affairs concerning the working conditions and labor protection which are not in the charge of othar organs.
(Functionf of Women's and Minors'Bureau)
Article 9.　The Women's and Minors'Bureau shall take charge of the following affairs:
(1)　Promotion of the working conditions incident to women and minors, and their protection;
(2)　Prohibition of employing children;
(3)　Labor problems in enterprises operated by family members only, without any employed worker, and domestic labor;
(4)　Other labor problems incident to women and minors, in addition to those listed in the preceding items;
(5)　Worker's family problems, excepting, however, those under charge of other Ministries based on law;
(6)　Research, adjustment and coordination on problems of the promotion of women's status and all other women's problems, provided that such adjustment and coordination shall not preclude other Ministries from carrying out such affairs as are placed thereunder by law.
(Functions of Employment Security Bureau)
Article 10.　The Employment Security Bureau shall take charge of the following affairs:
(1)　To establish plans necessary for most effectively utilizing the national labor force;
(2)　Employment exchange, vocational guidance, vocational training and adjustment in labor demand and supply;
(3)　Prohibition of labor supply projects and labor recruitment;
(4)　Unemployment counter-measures;
(5)　Operation of the Unemployment Insurance;
(6)　Unemployment Insurance Special Account;
(7)　In addition to those listed in the preceding items, the enforcement of the Employment Security Law (Law No.141 of 1947), the Employment Insurance Law (Law No.146 of 1947), the Emergency Unemployment Counter-measures Law (Law No.89 of 1949) and other affairs concerning employment, which are not in the charge of other organs.
Section 2. Auxiliary Organs
(Auxiliary Organ)
Article 11.　In addition to those prescribed in Article 13, the Ministry proper shall have the following auxiliary organ:
Industrial Safety Institute.
(Industrial Safety Institute)
Article 12.　The Industrial Safety Institute shall be the organ which shall conduct the investigation and study of accident prevention in factories and other industrial establishments.
2　The Industrial Safety Institute shall be established in Tokyo-to.
3.　The internal organization of the Industrial Safety Institute shall be provided for by Ministry of Labor Ordinance.
(Other Auxiliary Organs)
Article 13.　The organs entered in the left column of the following table shall be those established as auxiliary organs of the Ministry proper, the purposes of their establishment being given in the right column:
Name
Purpose
Mariners Labor Coordination Conference
To coordinate the important matters of the mariners labor administration with the functions of the Ministry of Labor.
Labor Education Council
To make research and deliberation on the matters of labor education.
Central Wage Committee
To make research and deliberation on the matters concerning minimum wage and to make recommendation, at the request of the Minister of Labor.
Apprenticeship Council
To make research and deliberatioh on matters concerning the order to be issued under the provisions of Article 70 of the Labor Standards Law and other important affairs concerning the technician-training.
Central Labor Standards Council
To deliberate the affairs concerning the enforcement and revision of the Labor Standards Law, at the request of the Minister of Labor.
Committee for the Status of Labor Standards Inspector
To give consent to the dismissal of Labor Standards Inspectors.
Worker's Accident Compensation Insurance Council
To deliberate the important matters concerning the operation of Worker's Accident Compensation Insurance.
Central Specific Technicians Qualification Examination Council
To make research and deliberation on the Standards of the specific technicians qualification examination at the request of the Minister of Labor.
Safety Apparatus Efficiency Test Council
To make research and deliberation on the safety apparatus efficiency test according to the Labor Standards Law.
Silicosis Prevention Council
To make research and deliberation on the countermeasures against silicosis.
Women's and Minors'Problems Council
To make research and deliberation on the women's and minors'problems.
Central Employment Security Council
To make research and deliberation on the important matters concerning the functions of public employment security offices, and the enforcement of the Employment Security Law and of the Unemployment Insurance Law.
Labor-market-area Employment Security Council
To make research and deliberation on the important matters concerning functions of public employment security office and enforcement of the Employment Security Law, in relation to Labor-market-area covering two or more prefectures.
Employment Service Coordination Conference
To ensure the coordination among the relevant offices of the employment exchange, the vocational training and guidance, the investigation on the labor supply and demand, or the labor recruitment defined by the Employment Security Law, and deliberate the method to utilize the labor force to the maximum.
Unemployment Insurance Appeal Committee
To examine the cases of appeal with regard to the decision of Unemployment Insurance Referee, in respect of Unemployment Insurance Benefit Payment;and the appeal concerning the Unemployment Insurance Premiums and other assement, such as arrear and others or collection of such assessment.
Labor Statistics and Research Council
To make research and deliberation on planning and carrying out the labor statistics survey.
2　The organization, responsibilities, members and other personnel of the auxiliary organs in the preceding paragraph shall be provided for by Cabinet Order, unless otherwise provided for by law (including orders issued thereunder) separately.
Section 3. Local Branch Offices
(Local Branch Offices)
Article 14.　The Ministry proper shall have the following local branch offices:
Prefectural Labor Standards Offices,
Labor Standards Inspection Offices,
Public Employment Security Offices.
Part 1. Prefectural Labor Standards Offices
(Prefectural Labor Standards Offices)
Article 15.　The names, locations, and areas of jurisdiction of Prefectural Labor Standards Offices shall be provided for by the Labor Standards Law (including orders issued thereunder), and their responsibilities and powers by the Labor Standards Law (including orders issued thereunder) and the Worker's Accident Compensation Insurance Law (including orders issued thereunder).
2　In addition to those prescribed in the preceding paragraph, Prefectural Labor Standards Offices shall take charge of the following affairs:
(1)　To enforce the Worker's Accident Compensation Insurance Law;
(2)　To promote the labor efficiency;
(3)　To improve the welfare of the workers;
(4)　To compile the statistics on wages, other working conditions, and workers'living cost.
3　The Chiefs of Prefectural Labor Standards Offices shall be subject to the direction and supervision of the Director of Labor Statistics and Research Division of the Minister's Secretariat in respect to the affairs in the charge of the Minister's Secretariat of the Ministry proper, out of those prescribed in item (4) of the preceding paragraph.
4　The internal organization of Prefectural Labor Standards Offices shall be provided for by Ministry of Labor Ordinance.
(Auxiliary Organs)
Article 16.　The organs entered in the left column of the following table shall be those established as auxiliary organs of Prefectural Labor Standards Office, the purposes of their establishment being given in the right column:
Name
Purpose
Local Wage Committee
To make research and deliberation on the matters concerning minimum wage and make recommendation at the request of the Prefectural Labor Standards Office Chief.
Worker's Accident Compensation Appeal Committee
To examine the appeal concerning certification of injuries, diseases or death on duty, the recuperative method, the decision of indemnity, and execution of other accident compensation prescribed by the Labor Standards Law, or to conduct aribitration.
Prefectural Labor Standards Council
To deliberate on the affairs concerning the revision and enforcement of the Labor Standards Law at the request of Chief of Prefectural Labor Standards Office.
Worker's Accident Compensation Insurance Appeal Committee
To examine the appeal regarding the decision of insurance benefits of the Worker's Accident Compensation Insurance.
Prefectural Specific Technicians Qualification Test Council
To make research and deliberation on the Specific Technicians Qualification Test at the request of the Chief of Prefectural Labor Standards Office.
Health Supervisor Examination Council
To make research and deliberation on the Health Supervisor Examination based on the Labor Standards Law, at the request of Prefectural Labor Standards Office.
2　The organization, responsibilities, members and other personnel of the auxiliary organs prescribed in the preceding paragraph shall be provided for by Cabinet Order, unless otherwise provided for by law (including orders issued thereunder) separately.
Part 2. Labor Standards Inspection Offices
(Lador Standards Inspection Offices)
Article 17.　The namas, locations and areas of jurisdiction shall be provided for by the Labor Standards Law (including orders issued thereunder) and the Worker's Accident Compensation Insurance Law (including orders issued thereunder).
2　The Labor Standards Inspection Office shall take charge of the benefit payment and the investigation of the Insurance Premium Computation Basis, in addition to those provided for in the preceding paragraph.
3　The internal organization of Labor Standards Inspection Offices shall be provided for by Ministry of Labor Ordinance.
Part 3. Public Employment Security Offices
(Public Employment Security Offices)
Article 18.　The names, locations and areas of jurisdiction shall be provided for by the Employment Security Law (including orders issued thereunder) and their responsibilities and powers by the Employment Security Law (including orders issued thereunder), the Unemployment Insurance Law (including orders issued thereunder) and the Emergency Unemployment Counter-measures Law (including orders issued thereunder).
2　The organization of Public Employment Security Office shall be provided for by Ministry of Labor Ordinance.
3　The Minister of Labor may establish branch offices of Public Employment Security Offices in necessary places to perform a part of the affairs under the jurisdiction of the said offices. The names, locations, areas of jurisdictions and internal organization of such branch offices shall be provided for by Ministry of Labor Ordinance.
(Auxiliary Organ)
Article 19.　Vocational Guidance Council shall be established as an auxiliary organ of a Public Employment Security Office, with the object of performing research and deliberation on matters of vocational guidance.
2　The organization, responsibilities, members and other personnel of the auxiliary organ provided in the preceding paragraph shall be provided for by the Employment Security Law (including orders issued thereunder).
Chapter III. External Organs
(External Organs)
Article 20.　External organs as established under the Ministry of Labor under the provisions of Article 3 Paragraph 2 of the National Government Organization Law shall be as follows:
Central Labor Relations Commission;
Public Corporation Arbitration Commission;
National Railways Central Mediation Commission;
Monopoly Public Corporation Central Mediation Commission;
National Railways Mediation Commission;
Monopoly Pubiic Corporation Local Mediation Commission.
2　The organization, responsibilities and powers of the Central Labor Relations Commission shall be provided for by the Trade Union Law (including orders issued thereunder), and the Labor Relations Adjustment Law (including orders issued thereunder).
3　The organization, responsibilities and powers of the Public Corporation Arbitration Commission, the National Railways Central Mediation Commission, and the Monopoly Public Corporation Central Mediation Commission shall be provided for by the Public Corporation Labor Relations Law (including orders issued thereunder;the same shall apply hereinafter).
4　The names, locations, areas of jurisdiction, organization, responsibilities and powers of the National Railways Local Mediation Commission and the Monopoly Public Corporation Local Mediation Commission shall be provided for by the Public Corporation Labor Relations Law.
Chapter IV. Personnel
(Personnel)
Article 21.　With respect of appointment, dismissal, promotion disciplinary punishment and other matters concerning personnel administration of the Ministry of Labor, the provisions of the National Public Service Law (Law No.120 of 1947) shall apply.
(Fixed Number of Personnel)
Article 22.　The fixed number of personnel for the Ministry of Labor shall be provided for by law separately.
Supplementary Provisions:
1.　This Law shall come into force as from June 1, 1949.
2.　Regulations Governing the Unemployment Insurance Advisory Committee (Cabinet Order No.278 of 1947) shall be abolished.
Minister of Labor　SUZUKI Masabumi
Prime Minister　YOSHIDA Shigeru