Law concerning the Position-Classification Plan for the National Public Service
法令番号: 法律第180号
公布年月日: 昭和25年5月15日
法令の形式: 法律
I hereby promulgate the Law concerning the Position-Classification Plan for the National Public Service.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the fifth month of the twenty-fifth year of Showa (May 15, 1950)
Prime Minister YOSHIDA Shigeru
Law No.180
Law concerning the Position-Classification Plan for the National Public Service
Contents
Chapter I General Provisions(Articles 1-4)
Chapter II Basic Principles of Position-Classification Plan(Articles 5-11)
Chapter III Installation and Administration of Position-Classification Plan(Articles 12-14)
Chapter IV Penal Provisions(Article 15)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose and Effect of this Law)
Article 1. The purpose of this Law is to establish a position-classification plan in accordance with the provisions of Article 29 of the National Public Service Law (Law No.120 of 1947) for government positions in the regular service as provided for in Article 2 of the same Law (hereinafter to be referred to as "positions" ), to establish the basic principles of position-classification and to provide for the installation and administration of the plan, thus to promote democratic and efficient administration of public affairs.
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. If any provision of this Law is in conflict with the former laws, other than the National Public Service Law, the provisions of this Law shall control.
3 Nothing in this Law shall be construed as authorizing the National Personnel Authority to create, change or abolish any position.
(Meaning and Purpose of Position-Classification Plan)
Article 2. The position-classification plan is a method in which positions are identified and classified according to the principles and methods stipulated in this Law in accordance with the kinds of duties and by the degrees of complexity of duties and responsibilities involved.
2 The primary purpose of the position-classification plan is to establish a uniform and equitable basis for the pay plan provided for in Article 63 of the National Public Service Law and to facilitate the administration of personnel policies concerning examination, appointment, and dismissal provided for in Chapter III, Section 3 of the same Law, education and training provided for in Article 73 of the same Law, and related aspects of personnel administration.
(Definition of Terms)
Article 3. The following terms in this Law shall be defined as follows:
(1) The term "position" means a set of duties and responsibilities assignable to one employee;
(2) The term "duty" means work assigned to an employee which he is required to do;
(3) The term "responsibility" means the obligation of an employee to perform or carry out work or to see that work is performed or carried out;
(4) The term "class of positions" means a group of positions determined by the National Personnel Authority as sufficiently alike in duties and responsibilities to justify the use of similar tests of fitness in choosing qualified employees for positions in the same class of positions, the application with equity of the same salary schedule under substantially the same employment conditions, and otherwise similar treatment in administration of personnel affairs;
(5) The term "class description" means a written statement describing the duties and responsibilities which manifest the characteristics of a class of positions;
(6) The term "occupation" means a group of classes of positions which are similar with respect to kind of work but different with respect to degree of complexity and responsibility of the work;
(7) The term "allocate" means to assign a position to a class of positions.
(Authority of the National Personnel Authority)
Article 4. The National Personnel Authority shall have the following authority and responsibility for the administration of this Law:
(1) To install and administer the position-classification plan on its own responsibility;
(2) To issue necessary rules and directives in accordance with the provisions of the National Public Service Law and this Law for installation, administration and interpretation of the position-classification plan;
(3) To determine occupations and classes of positions according to the kinds of duties and the degree of complexity of duties and responsibilities;
(4) To prepare and publish definitions of occupations and the descriptions of classes of positions to be used as standards for the allocation of positions;
(5) To allocate positions and to approve or disapprove the allocations effected by other government agencies;
(6) To conduct investigations of matters concerning the duties and responsibilities of positions in accordance with the provisions of Article 17 of the National Public Service Law.
2 The National Personnel Authority shall, in case the occupations provided for in item (3) of the preceding paragraph have been decided, submit the titles and definitions of the said occupations to the Diet.
3 In the case of the preceding paragraph, when the Diet has resolved to abolish a whole or a part of the decision of the National Personnel Authority, the Authority shall immediately take necessary steps that the decision concerning occupations may lose its validity.
CHAPTER II Basic Principles of Position-Classification Plan
(Basic Principles of Position-Classification Plan)
Article 5. The determination of occupations and classes of positions, the preparation and use of class descriptions, the allocation of positions, and other aspects of the installation and administration of the position-classification plan shall be in accordance with the basic principles provided for in this Chapter.
(Basis of Position-Classification)
Article 6. The basis of position-classification is the duties and responsibilities of positions and shall not be the personal qualifications, performance, or ability of the employees who occupy the positions.
(Determination of Classes of Positions)
Article 7. Classes of positions shall be determined on the basis of similarity and difference in various positions according to the kinds of duties and the degrees of complexity of duties and responsibilities involved.
2 Positions which are similar with respect to the kinds of duties and the degrees of complexity of duties and responsibilities shall constitute a class of positions regardless of the government agency in which they are located.
3 There shall be as many classes of positions as determined by the National Personnel Authority in accordance with the kinds of duties and the degrees of complexity of duties and responsibilities.
4 A class of positions is the smallest sub-division into which positions are grouped.
(Allocation of Positions)
Article 8. Allocation of positions shall be based on the factors which reflect the kinds of duties and the degrees of complexity of duties and responsibilities involved.
2 In the allocation of positions, the nature of the duties and responsibilities and the nature and degree of controls exercised over the performance of such duties and responsibilities shall be considered as the factors referred to in the preceding paragraph.
3 In allocating a position, factors which are not related to the duties and responsibilities of the position shall not be taken into consideration;nor, under any circumstances, shall the salary of the employee be considered in determining the allocation.
4 No position shall be allocated to a class of positions solely on the basis of the size of the bureau, section or other organization unit, or the number of personnel supervised. Such factors may be taken into consideration only in combination with the kinds or complexity of work supervised, the degree of supervisory responsibility, the kind, degree and character of the supervision, and other similar factors.
5 The positions to be allocated to the same class need not be exactly alike with respect to kinds of duties and the degrees of complexity of duties and responsibilities.
6 When a position involves duties and responsibilities of two or more classes of positions, and it is impracticable to change the allocation with respect to duties and responsibilities, the allocation shall be effected according to the duties and responsibilities which occupy the major part of the working time, provided that under circumstances set forth by rules of the National Personnel Authority the most difficult duties and responsibilities may control the allocation.
(Class Descriptions)
Article 9. Class descriptions shall be prepared for each class of positions.
2 Every class description shall include a class title and shall describe the duties and responsibilities most characteristic of the class of positions.
3 In addition to factors mentioned in the preceding paragraph, class descriptions may describe qualifications necessary to perform the duties and may cite examples of typical positions included in the class of positions.
4 Class descriptions shall define the major factors which are to be standard for allocating positions.
(Class Titles)
Article 10. Each class of positions shall be given a title to indicate clearly the nature of positions involved therein.
2 The title of each class of positions shall be the official title of every position included in the class of position.
3 Every employee shall be identified by the title of the class of positions in which his position is included.
4 The class title shall be used for budget estimates, pay-roll purposes, personnel records, and other official records and reports relating to the positions. Abbreviations or codes, however, may be used if necessary.
5 Nothing in the preceding three paragraphs shall prevent the use of organizational or other official titles in the operation of administrative organizations, for public convenience, and other similar purposes.
(Occupations)
Article 11. Classes of positions which are similar with respect to the kinds of duties but different with respect to the degrees of complexity of duties and responsibilities shall constitute an occupation. However, if necessary for the administration of the position-classification plan, one class of positions may constitute an occupation.
2 Each occupation shall have a definition which summarizes in general terms the kinds of duties found in the classes of positions comprising the occupation.
CHAPTER III Installation and Administration of Position-Classification Plan
(Installation and Administration of Position-Classification Plan)
Article 12. The National Personnel Authority, or any person or persons designated by the Authority, shall allocate positions on the basis of kinds of duties and the degrees of complexity of duties and responsibilities involved, in accordance with the provisions of the National Public Service Law, this Law, rules or directives of the National Personnel Authority, and the class descriptions.
2 Whenever the duties and responsibilities warrant, the National Personnel Authority, or any persons or person designated by the Authority shall change the allocation of positions.
3 Any persons designated by the National Personnel Authority to allocate positions or to change the allocation of positions shall give immediate notification to the National Personnel Authority of the action taken.
4 The National Personnel Authority, from time to time, shall review the allocation of such positions as will enable the Authority to determine whether the positions are allocated in conformity with the provisions of paragraph 1 or paragraph 2, and whenever the Authority finds that a position is not allocated to its proper class, it shall allocate such position correctly.
5 In the circumstances referred to in each of the preceding paragraphs of this Article, the National Personnel Authority shall notify in writing the Ministry or agency concerned of the allocation action taken and shall order to take an action in conformity therewith.
6 Whenever the Authority finds that any person or persons designated by the National Personnel Authority allocates or changes the allocation of positions in violation of the provisions of paragraph 1 or paragraph 2 of this Article or fails to report in violation of the provisions of paragraph 3 of this Article, the National Personnel Authority may revoke in whole or in part or suspend the authority granted to the designated person or persons.
(Revision of Occupations and Class of Positions)
Article 13. The National Personnel Authority may, whenever circumstances warrant, create, revise, abolish, merge, or divide occupations, classes of positions, class titles, and class descriptions. However, it shall, with regard to the occupations, be done in accordance with the provisions of Article 4 paragraphs 2 and 3.
2 The National Personnel Authority shall promptly give notice of any action taken in pursuance of the preceding paragraph to all Ministries and other agencies.
(Official Copies)
Article 14. The National Personnel Authority shall compile and maintain, in a form convenient for reference, a copy of this Law, rules and directives of the National Personnel Authority concerning the position-classification plan, an accurate and complete list of the occupations and classes of positions, and a copy of the class descriptions.
2 The official copies provided for in the preceding paragraph shall be open to inspection by the public under reasonable conditions during official hours of work.
CHAPTER IV Penal Provisions
(Penal Provisions)
Article 15. A person falling under one of the following items shall be sentenced to penal servitude not exceeding one year or a fine not exceeding thirty thousand yen:
(1) A person who, in connection with investigations conducted by the National Personnel Authority or a person or persons designated by it in accordance with the provisions of item (6) of Article 4, has been ordered to submit reports by the National Personnel Authority or a person or persons designated by it and has not complied with such order without just cause;
(2) A person who violates the provisions of paragraph 3 of Article 12 and submits false reports to the National Personnel Authority in connection with the allocation action taken in accordance with the provisions of the same paragraph, or one who fails to submit reports, without just cause;
(3) A person who violates the provisions of paragraph 5 of Article 12 and fails to comply with an order of the National Personnel Authority.
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation, except for paragraph 4 of Article 10, which will be applicable from the day fixed by rule of the National Personnel Authority.
2. The allocations effected in accordance with the provisions of this Law may be put into effect progressively as determined by the National Personnel Authority.
3. As the installation and administration of the position-classification plan established in this Law progresses in accordance with the provisions of this Law, the National Public Service Law, and the rules and directives of the National Personnel Authority, the allocations shall replace the allocations to grades provided for by Article 9 of the Law Administering the New Pay of Government Employees (Law No.46 of 1,948);provided that the allocations to grades in accordance with the provisions of such Law shall, so far as compensation is concerned, continue in effect pending enforcement of the pay plan provided for in Article 63 of the National Public Service Law.
4. No employee shall be subject to a reduction of pay upon the allocation of positions in accordance with the provisions of this Law at the time of enforcement of the pay plan provided for in Article 63 of the National Public Service Law.
Prime Minister YOSHIDA Shigeru
Attorney-General UEDA Shunkichi
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance, pro tempore Minister of State UEDA Shunkichi
Minister of Education AMANO Teiyu
Minister of Welfare HAYASHI Joji
Minister of Agriculture and Forestry MORI Kotaro
Minister of International Trade and Industry TAKASE Sotaro
Minister of Transportation OYA Shinzo
Minister of Postal Services OZAWA Saeki
Minister of Telecommunications OZAWA Saeki
Minister of Labor SUZUKI Masabumi
Minister of Construction MASUDA Kaneshichi
President of Economic Stabilization Board YOSHIDA Shigeru