(Object and Effect of This Law)
Article 1. The object of this Law is 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 of 1947)(hereinafter referred to as "employee" or "employees" ), and otherwise to promote uniformity in personnel and compensation policy within the government service. This Law prescribes 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 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, 1951.
3 The classification plan as provided for in Article 6 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 6;
(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-grade 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 grievance of employees as provided for in Article 21;
(7) To secure complete enforcement of this Law and to bear responsibility therefor.
(Payment of Compensation)
Article 3. Compensation authorized under this Law shall be paid in cash except as provided for in Article 5 paragraphs 3 and 4.
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 4. 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 5. The compensation schedules attached as appendix provided for in Article 6 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 14 (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 10 and special work allowances as provided in Article 13 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 In case 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 for 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 research 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 perform their duties.
Article 6. 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 for by the National Personnel Authority.
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:
(1) The general salary schedule (Appendix 1);
(2) The special salary schedules;
1) Salary schedule for tax collectors and economic investigators (Appendix 2)
2) Salary schedule for police, employees of the Maritime Safety Agency (as designated by rules of the National Personnel Authority alone) and prison employees (Appendix 3)
3) Salary schedule for seamen (Appendix 4)
3 The amounts as prescribed in the compensation schedules under the preceding paragraph 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 22, 23 and paragraph 4 of the Supplementary Provisions shall not be subject to any of the compensation schedules.
Article 7. 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 National Personnel Authority, make appropriate application of this Law so that employees may receive their base pay for each month on the basis thereof, not later than the 25th day of the month concerned.
Article 8. 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 fixed by Cabinet Order by such time as rules thereof are established and enforced by the National Personnel Authority.
Article 9. 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 of 1946), or Article 25 of the Diet Personnel Law (Law No.85 of 1947), and the Regulations for Pay of Diet Personnel as provided for in the same Article of the Diet Personnel Law. However, employees who have heretofore been paid their base pay twice a month or oftener according to regulations or custom may continue to be so paid.
(Adjustment of Amount of Compensation)
Article 10. If the National Personnel Authority deems the amounts in the compensation schedules prescribed in Article 6 inadequate for the position having the characteristics listed below, it is authorized to establish on account of such 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 11. Family allowance 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 six hundred yen (\600) for the dependent falling under item (1) of the preceding paragraph, and four hundred yen (\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 six hundred yen (\600).
(Area Allowance)
Article 12. 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 13. 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 of 1948), or Article 25 of the Diet Personnel Law, and the Regulations for Pay of Diet Personnel as provided for in 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 10.
(Work Hours Per Week)
Article 14. The work hours shall be established by rules of the National Personnel Authority within the limitations of not less than forty hours per week or not 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 or not 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 exceeding 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 Sunday as non-work days for employees engaged in special work.
(Reduction of Compensation)
Article 15. Employees absent from their duties shall have their compensation reduced by its hourly amount as provided for in Article 19, for each hour of absence from duties, except when they are given specific authorization for such absence.
(Overtime Allowance)
Article 16. 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 19 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 6 a. m. on the following day- 150 per cent.
(Holiday Pay)
Article 17. 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 19 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 of 1948).
(Night Allowance)
Article 18. 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 19 for all hours thus worked, by way of night allowance.
(Computation of the Hourly Amount of Compensation)
Article 19. 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 20. When the National Personnel Authority has deemed the base pay of employees established by the Chiefs of Agencies or other delegated authority not conforming to the provisions of Article 6, he may revise or order to revise such base pay.
(Request for Review)
Article 21. 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 National Personnel Authority for review.
2 Upon receipt of the request referred to in the preceding paragraph the National Personnel Authority 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.
(Compensation for Non-Full-Time Employees and Others)
Article 22. 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 National Personnel Authority. No other compensation shall be paid to such employees.
Article 23. Employees who are subject to the prevailing wage rate by general occupation category under the provision of Article 2 paragraph 2 of the Law concerning the Protection of the Government against Unjust Claims and Others (Law No.171 of 1947), 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 24. 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 Provision)
Article 25. A person who is in violation of the provisions of this Law, pays compensation or refuses its payment or who wilfully authorizes such acts shall be sentenced to penal servitude not exceeding one year or a fine not exceeding thirty thousand yen (\30,000).