CHAPTER I General Provisions

(Purpose of this Law) Article 1. The purpose of this Law is to insure democratic and efficient operation of the public administration of the local public bodies and contribute thereby to the realization of the principle of local autonomy, by establishing basic standards for the personnel administration of the local public bodies, such as their personnel agencies and the appointment, position classification, compensation, work hours and other working conditions, status and disciplinary punishment, performance of duty, training and evaluation of work performance, protection of the welfare and interest, and organization, of the local public service personnel.

(Validity of this Law) Article 2. In cases where the provisions of the former laws and orders, or by-laws, regulations of the local public body, or rules fixed by agencies of the local public body, concerning the local public service personnel (meaning all of the public service personnel of the local public bodies;the same hereinafter) are in conflict with those of this Law, the latter shall prevail.

(Local Public Service Personnel in the Regular Public Service and Local Public Service Personnel in the Special Public Service) Article 3. The local public service shall be divided into the regular public service and the special public service. 2 The regular public service shall comprise all positions in the local public service other than those in the special public service. 3 The special public service shall comprise the following positions: (1) Positions appointment to which requires public election, or the election, resolution or consent of the assembly of the local public body; (2) Temporary or part-time positions of commissioners and members of commission or board (including council and other bodies of a similar nature), established by laws and orders, or by-laws, regulations of the local public body, or rules fixed by agencies of the local public body; (3) Temporary or part-time positions of expert advisers, consultants and other position of a similar nature; (4) Positions of secretaries of the heads, the chairmen of the assemblies and the heads of other agencies of the local public bodies, as designated by by-laws; (5) Positions of members of "Shobodan" (fire prevention corps) and of the flood defence associations in part-time service; (6) Positions of those persons who, being jobless, have been employed by the local public bodies for unemployment relief works and public works upon introduction by the public employment security offices, excluding experts, technicians, supervisors and those who take charge of administrative affairs.

(Local Public Service Personnel subject to this Law) Article 4. The provisions of this Law shall apply to all the local public service personnel in the regular public service (hereinafter to be referred to as "the personnel" ). 2 The provisions of this Law shall not apply to the local public service personnel in the special public service, except for cases specially provided for by laws.

(Enactment of By-laws concerning the Personnel Commission, Equity Commission and the Personnel) Article 5. The local public bodies shall provide by by-laws for the establishment of the personnel commission or equity commission, the enforcement of standards applicable to the personnel, and other necessary matters concerning the personnel, in accordance with the basic standards fixed by this Law, except for cases specially provided for by laws. However, such by-laws must not be contrary to the spirit of this Law. 2 In a local public body which has the personnel commission in accordance with the provision of Article 7 paragraph 1 or 2, the opinion of the personnel commission must be heard by the assembly of such local public body in order to enact or amend or abolish the by-laws mentioned in the preceding paragraph.

CHAPTER II Personnel Agencies

(Appointing Authoritics) Article 6. The heads, the chairmen of the assemblies, the election administration commissions, inspection commissioners, public safety commissions (including the public safety commission of the special wards), boards of education, personnel commissions and equity commissions of the local public bodies and the chiefs of police and chiefs of fire defense of cities, towns and villages (including the chiefs of police of the police maintained jointly by special wards and the chiefs of fire defense of the fire defense maintained jointly by special wards) and other appointing authorities under laws and orders or by-laws shall have respectively the power to administer the appointment, temporary retirement, dismissal and disciplinary punishment, etc. of the personnel in accordance with this Law and such by-laws, regulations of the local public body, and rules fixed by agencies of the local public body as may be issued thereunder, except for cases specially provided for by laws. 2 The appointing authorities mentioned in the preceding paragraph may delegate a part of the power provided for in the same paragraph to those senior local public service personnel who are their auxiliary agencies.

(Establishment of the Personnel Commission or Equity Commission) Article 7. To, Do, Fu and prefectures and the cities mentioned in Article 155 paragraph 2 of the Local Autonomy Law (Law No.67 of 1947) and the special cities shall each set up by by-laws a personnel commission. 2 Cities other than the cities mentioned in Article 155 paragraph 2 of the Local Autonomy Law may each set up a personnel commission by by-laws, or, jointly with any city other than the cities mentioned in Article 155 paragraph 2 of the Local Autonomy Law set up a personnel commission by stipulations made through resolution of the assemblies. 3 A local public body (hereinafter to be referred to as a "local public body without the personnel commission" ) other than the local public bodies which set up the personnel commission in accordance with the provision of paragraph 1 or the preceding paragraph (hereinafter to be referred to collectively as the "local public bodies with the personnel commission" ) shall set up by by-laws an equity commission. However, local public bodies without the personnel commission are not prevented from setting up jointly an equity commission by stipulations made through resolution of the assemblies.

(Powers of the Personnel Commission or Equity Commission) Article 8. The personnel commission shall administer the following affairs: (1) To investigate matters of personnel administration and to have charge of affairs concerning personnel records and to prepare statistical reports concerning personnel affairs; (2) To make a continuous study on compensation, work hours and other working conditions, welfare and benefit systems, the compensation for accidents in line of duty and other systems concerning the personnel, and to submit the result thereof to the assembly or the head or the appointing authorities of the local public body; (3) To state opinions to the assembly and the head of the local public body on the enactment, amendment or abolition of by-laws concerning the personnel agencies and the personnel; (4) To make recommendations to the appointing authorities on the operation of personnel administration; (5) To administer the competitive examination and selection of the personnel and affairs relating thereto; (6) To formulate and put into practice plans concerning the position classification; (7) To supervise and control the payment of compensation to the personnel to the extent necessary to insure that the personnel are compensated in compliance with this Law and with by-laws issued thereunder; (8) To formulate over-all plans for the training and evaluation of work performance of the personnel; (9) To examine and judge applications for action concerning compensation, work hours and other working conditions of the personnel and adopt necessary measures; (10) To review adverse actions toward the personnel and adopt necessary measures; (11) To administer, besides the affairs enumerated in the preceding items, such affairs as have been placed within its powers in accordance with laws or by-laws. 2 The equity commission shall administer the following affairs: (1) To examine and judge applications for action concerning the compensation, work hours and other working conditions of the personnel and adopt necessary measures; (2) To review adverse actions toward the personnel and adopt necessary measures. 3 The personnel commission may delegate to other agencies of the local public body concerned or the chief of its executive office those of its powers under this law, exclusive of those which are prescribed in paragraph 1 items (9) and (10) and paragraph 4, which are specified by the rules of the personnel commission. 4 The personnel commission or equity commission may establish respectively rules of the personnel commission or rules of the equity commission concerning such matters as have been placed within its powers in accordance with laws or by-laws. 5 The personnel commission or equity commission may, if necessary for the exercise of its powers under laws or by-laws, summon witnesses or demand presentation of documents or copies thereof. 6 The personnel commission or equity commission may enter into agreements with agencies of the National Government or other local public bodies, to furnish or receive technical and professional knowledge, materials or other facilities concerning the personnel administration. 7 The decisions (including judgment) and actions of the personnel commission or equity commission under its powers invested by the provisions of paragraph 1 items (9) and (10) or every item of paragraph 2 shall be reviewed only by itself in accordance with the procedure to be fixed by the rules of the personnel commission or the rules of the equity commission. 8 The provision of the preceding paragraph shall not affect the right of access to the court on matters of laws.

(Members of the Personnel Commission or Equity Commission) Article 9. The personnel commission or equity commission shall be composed of three members. 2 The members shall be appointed by the head of the local public body with the consent of the assembly from among persons of highest moral character and integrity, in known sympathy with the principle of local autonomy and the democratic and efficient administration, and possessing knowledge and sound judgment concerning personnel administration. 3 A person who falls under any of the items of Article 16 (exclusive of item (4)) or who has committed any of the offenses provided for in Chapter V and been sentenced to a punishment cannot become a member. 4 In appointing the member, any two of them must not be members of the same political party. 5 In cases where two or more of the members have come to belong to the same political party, all but one of them shall be removed by the head of the local public body with the consent of the assembly. However, a person whose party membership has not changed cannot be removed. 6 The head of the local public body may, when he considers a member mentally or physically incompetent to perform his official responsibilities or having committed a violation of his official duties or other misconducts unfit for a member, remove him with the consent of the assembly. In such case, a public hearing must be held before the standing committee or special committee of the assembly. 7 A member shall not be removed from office against his will except under one of the provisions of the preceding two paragraphs. 8 A member who has come to fall under any of the items of Article 16 (excluding item (3)) shall lose his office. 9 The members cannot concurrently hold any other position in the local public service. 10 The provisions of Chapter III Section 6, shall apply mutatis mutandis to the performance of duties of the members. 11 The term of office of the members shall be four years. However, the term of office of a members filling a vacancy shall be the unexpired portion of his predecessor's. 12 The members of the personnel commissions shall serve either full-time or part-time, and the members of the equity commissions shall serve part-time. 13 The provisions of Articles 204 to 206 inclusive of the Local Autonomy Law shall apply mutatis mutandis to the full-time members of the personnel commissions, and those of Articles 203 and 206 of the same Law to the part-time members of the personnel commissions and equity commissions.

(Chairman of the Personnel Commission or Equity Commission) Article 10. The personnel commission of equity commission must elect a chairman from among its members. 2 The chairman shall administer the affairs concerning the commission and represent the commission. 3 In case the chairman is incapacitated or is vacant, one of the members designated by the chairman shall act for the chairman.

(Proceedings of the Personnel Commission or Equity Commission) Article 11. The personnel commission or equity commission cannot be in session without the attendance of all of its members. 2 Proceedings of the personnel commission or equity commission shall be decided by a majority of its members present. 3 Proceedings of the personnel commission or equity commission must be kept on record by way of the minutes. 4 Other than those prescribed in the preceding three paragraphs, necessary matters concerning proceedings of the personnel commission or equity commission shall be fixed respectively by the personnel commission or equity commission.

(Executive Office and Administrative Personnel of the Personnel Commission and Administrative Personnel of the Equity Commission) Article 12. There shall be an executive office in the personnel commission and a chief of executive office and other administrative personnel in the executive office. 2 Notwithstanding the provision of Article 9 paragraph 9, the personnel commission may cause the chairman to hold concurrently the position of the chief of executive office. 3 The chief of executive office shall, under the direction and supervision of the personnel commission, control the affairs of the executive office. 4 There shall be administrative personnel in the equity commission. 5 The administrative personnel mentioned in parapragh 1 or the preceding paragraph shall be appointed respectively by the personnel commission or equity commission. 6 The organization of the executive office mentioned in paragraph 1 shall be fixed by the personnel commission. 7 The fixed number of the administrative personnel mentioned in paragraphs 1 and 4 shall be fixed by by-law. 8 The provisions of Articles 204 to 206 inclusive of the Local Autonomy Law shall apply mutatis mutandis to the administrative personnel mentioned in paragraphs 1 and 4.

CHAPTER III Standards applicable to the Personnel

Section 1 General Rules

(Principle of Equal Treatment) Article 13. In the application of this Law, all of the people must be treated equally and must not be discriminated because of race, creed, sex, social status or family origin, or because of political opinion or political affiliations, except for the cases provided for in Article 16 item (5).

(Principle of Adaptation) Article 14. The local public bodies must adopt suitable measures from time to time to see that the compensation, work hours and other working conditions fixed in accordance with this Law are adapted to the prevailing social condition.

Section 2 Appointment

(Basic Standard for Appointment) Article 15. Appointments of the personnel must be made in accordance with the provisions of this Law on the basis of the record of examination, merits in the performance of duty, or other demonstrations of ability.

(Disqualification Clause) Article 16. A person who falls under any of the following items cannot become a member of the personnel or participate in competitive examination or selection, except for cases provided for by by-laws: (1) An incompetent or quasi-incompetent person; (2) A person who has been sentenced to imprisonment without hard labor or a heavier penalty and whose sentence has neither been executed nor become unenforceable; (3) A person who has been subjected by the local bublic body concerned to an action of disciplinary dismissal, from the date of which two years have not elapsed; (4) A person who, while in office as a member of the personnel commission or equity commission, has committed any of the offenses provided for in Chapter V and been sentenced to a penalty; (5) A person who, on and after the date of the coming into force of the Constitution of Japan, has formed or joined a political party or any other organization that advocates the overthrow by violence of the Constitution of Japan or the Government formed thereunder.

(Method of Appointment) Article 17. In cases where a vacancy has occurred in the positions of the personnel, the appointing authorities may make an appointment by any one of the following means:initial appointment, promotion, demotion or transfer. 2 In local public bodies with the personnel commission, the personnel commission may fix the general standards by which the appointing authorities shall choose any of the means mentioned in the preceding paragraph. 3 In local public bodies with the personnel commission, the initial appointment or promotion of the personnel shall be made through competitive examination. However, it may be made by selection in cases where, with respect to positions designated by the personnel commission, the approval of the personnel commission has been obtained. 4 In local public bodies without the personnel commission, the initial appointment or promotion of the personnel shall be made through competitive examination or by selection. 5 The personnel commission (in local public bodies without the personnel commission, it shall be the appointing authorities;the same hereinafter in Articles 18 and 19 and Article 22 paragraph 1) may fix necessary matters concerning the eligibility, procedure for appointment, and initial status upon appointment, with respect to persons reinstated to positions they had formerly held by regular appointment and from which they have been separated as a result of abolition of positions or supernumerary due to an amendment or abrogation of the regulations for the organization of employment or the by-law concerning the fixed number of personnel, or due to a reduction in funds.

(Competitive Examination and Selection) Article 18. Competitive examination or selection shall be conducted by the personnel commission. However, the personnel commission may conduct competitive examination or selection, jointly with an agency of another local public body through consultation, or, by a mutual agreement with an agency of the National Government or of another local public body, entrust it to such agency. 2 The personnel commission may, in cases where there is no employment eligible list provided for in Article 21 paragraph 1 for such positions of the personnel as it may specify and if it deems it to be necessary for the operation of personnel administration, consider a person who has passed the competitive examination or selection of the National Government or other local public bodies corresponding to the competitive examination or selection for those positions of the personnel to have passed the selection for such positions.

(Eligibility for Examination) Article 19. Competitive examinations must be open and on equal terms to all persons who meet the requirements fixed by the personnel commission. No person belonging to any examining body nor personnel must obstruct the taking of examination or furnish any special or secret information for the purpose of giving undue influence on the taking of examination. 2 The personnel commission shall fix, as necessary qualifications for the examinees, minimum and appropriate, objective and uniform requirements necessary for the performance of duty. 3 Promotional examinations shall be open only to the personnel who have regular status in classes designated by the personnel commission.

(Object and Method of Competitive Examination) Article 20. Competitive examination shall have as its object the accurate measurement of the relative abilities of the persons examined to perform the duties of the particular class for which the examination is given. It shall be in writing or in the form of oral tests, physical examination, and evaluation of personality, character, education, experience, aptitude, intelligence, skill, common sence, professional knowledge and adaptability or a combination thereof.

(Preparation of Eligible Lists and the Method of Appointment therefrom) Article 21. For the employment of the personnel through competitive examination in local public bodies with the personnel commission, the personnel commission shall prepare employment eligible lists (entrance eligible list or promotion eligible list) for every examination. 2 In the entrance eligible list or promotion eligible list, the full names and marks of persons who have scored the qualifying marks or more in the entrance examination or promotion examination shall be entered in the order of their marks. 3 The initial appointment or promotion of the personnel in terms of the entrance eligible list or promotion eligible list shall be made, for each person to be initially appointed or promoted, from among five applicants certified by the personnel commission and ranking highest by the marks scored in the entrance examination or promotion examination out of those who have been entered in the relevant list. 4 If the number of names available on the entrance eligible list or promotion eligible list is fewer than the number of applicants to be certified by the personnel commission, the personnel commission may certify by adding names available on other most appropriate entrance eligible list or promotion eligible list. 5 Other than those prescribed in the preceding four paragraphs, necessary matters concerning the preparation of employment eligible lists and means of appointment thereby must be fixed by rules of the personnel commission.

(Conditional Appointment and Temporary Appointment) Article 22. All initial appointments or promotions of personnel, other than temporary appointments or appointments of personnel in part-time service, shall be conditional and shall become regular appointments when they have served in their positions with conditional status for a period of six months and performed their duties satisfactorily during such period. In such case, the personnel commission may prescribe for any class a longer conditional period not to exceed one year. 2 In local public bodies with the personnel commission, the appointing authorities may, in accordance with the provisions of rules of the personnel commission, make temporary appointment for a period not exceeding six months with the approval of the personnel commission, in case of emergency or in the case of positions of a temporary nature or in cases where there is no employment eligible list. In such case, the appointments may, upon the approval of the personnel commission, be renewed for an additional period not exceeding six months, but not more than once. 3 In the case under the preceding paragraph, the personnel commission may, with regard to temporary appointments, specify qualifications of persons to be appointed. 4 The personnel commission may cancel any temporary appointment that violates the provisions of the preceding two paragraphs. 5 In local public bodies without the personnel commission, the appointing authorities may make temporary appointments for a period not exceeding six months, in case of emergency or in the case of positions of a temporary nature. In such case, the appointing authorities may renew such appointments for an additional period not exceeding six months, but not more than once. 6 Temporary appointments shall be no cause for any precedence whatsoever on the occasion of regular appointment. 7 Besides the provisions of the preceding five paragraphs, this Law shall apply to temporary appointees.

Section 3 Position Classification

(Basic Standard for Position Classification) Article 23. The local public bodies with the personnel commission shall adopt position classification. 2 Plans concerning position classification shall be fixed by by-laws. 3 Necessary matters relating to the putting into practice of plans concerning position classification shall be fixed by rules of the personnel commission in accordance with by-laws mentioned in the preceding paragraph. 4 The personnel commission must classify and grade the positions of the personnel in accordance with the kinds of duties and by the degree of complexity of duties and responsibilities involved. 5 In position classification, the positions of the personnel must be so classified and graded that the same qualifications may reasonably be required for the positions in the same class under substantially the same conditions of employment and that the same schedule of basic pay may be applied equitably to those who are occupying such positions. 6 In putting plans concerning position classification into practice, the personnel commission must allocate to one of the classes every position of the personnel. 7 The personnel commission must review from time to time the allocations of positions of the the personnel and revise them when deemed necessary. 8 In the local public dodies where position classification is adopted, no classification shall be made, with regard to the positions of the personnel, on any basis other than position classification. However, this classification shall not prevent the use of titles of organizations or other official titles for public convenience, such as operation of administrative organizations, etc. 9 In fixing plans concerning position classification and putting them into practice, adequate consideration must be given so that they may correspond equitably to those of the National Government and other local public bodies.

Section 4 Compensation, Work Hours and Other Working Conditions

(Basic Standard for Compensation, Work Hours and Other Working Conditions) Article 24. The compensation of the personnel must be in accordance with their duties and responsibilities. 2 The purport of the provision of the preceding paragraph must be achieved as soon as possible. 3 The compensation of the personnel must be fixed by taking into consideration the cost of living, the compensation of the personnel of the National Government and other local public bodies and the employees of of private enterprises, and other circumstances. 4 The personnel must not receive compensation for other positions they may hold concurrently. 5 In fixing the work hours and other working conditions outside of the compensation of the personnel, adequate consideration must be given so that they may not be out of proportion to the personnel of the National Government and other local public bodies. 6 The compensation, work hours and other working conditions of the personnel shall be fixed by by-laws.

(By-law concerning Compensation and the Determination of the Amount of Pay) Article 25. The compensation of the personnel must be given in terms of the by-law concerning compensation provided for in paragraph 6 of the preceding Article, and, if not in terms thereof, no money or valuable must be given to the personnel. 2 The by-law concerning compensation shall provide for the following matters: (1) Pay schedule; (2) Matters concerning the standards for increase of pay; (3) Matters concerning the compensation for overtime work, night work and holiday work; (4) Matters concerning the allowances for service in specially designated areas, hazardous jobs and other extraordinary services and the allowances for the personnel who have dependents, in cases where such allowances are given; (5) Matters concerning the adjustment of compensation with regard to the positions of the part-time service, positions of the personnel for which the facilities necessary for living are wholly or partially supplied at official expense and other positions with special working conditions, in cases where such positions are set up; (6) In the local public bodies where position classification is adopted, matters concerning the compensation for positions on the occasion of the initial application of position classification to them; (7) Besides the provisions of the preceding items, matters concerning the means and conditions of payment of the compensation. 3 The personnel commission must conduct investigations and studies and formulate a plan concerning such pay schedule as is compatible with position classification and submit simultaneously to the assembly and the head of the local public body. 4 In the local public bodies where position classification is adopted, the definite salary range for every class under position classification shall be fixed by the pay schedule. 5 In the local public bodies where position classification is adopted, the personnel must be paid at the rates fixed by the pay schedule for the classes of their respective positions under position classification.

(Report and Recommendation on the Pay Schedule) Article 26. The personnel commission shall make a report simultaneously to the assembly and the head of the local public body at least once a year as to whether the pay schedule is adequate. It may make at the same time a suitable recommendation therewith if it considers appropriate to increase or decrease the amount of pays fixed by the pay schedule on account of a change in the conditions determining the compensation.

Section 5 Status and Disciplinary Punishment

(Basic Standard for Status and Disciplinary Punishment) Article 27. The status and disciplinary punishment of the personnel must be equitable in every respect. 2 The personnel shall not be subjected, against their will, to demotion or dismissal except for causes provided for by this Law, to temporary retirement except for causes provided for by this Law or by-laws, or to reduction of pay except for causes provided for by by-laws. 3 The personnel shall not be subjected to a disciplinary action, except for causes provided for by this Law.

(Status) Article 28. In cases where a member of the personnel falls under one of the following cases, he may be demoted or dismissed against his will: (1) When his performance of duty is not satisfactory; (2) When he is impeded in, or is not equal to, the performance of duty on account of mental or physical incompetence; (3) When, besides the cases provided for in the preceding two items, he lacks the qualifications for fitness required for his position; (4) When he becomes a supernumerary or his position is abolished due to an amendment or abrogation of the regulations for the organization of employment or the by-law concerning the fixed number of personnel, or as a result of a reduction in funds. 2 In cases where a member of the personnel falls under one of the following cases, he may be temporarily retired against his will: (1) When he requires a prolonged period of rest due to mental or physical incompetence; (2) When he is prosecuted in connection with a criminal case. 3 The procedure and effect of the demotion, dismissal, temporary retirement and reduction of pay against the will of the personnel must be fixed by by-laws, except for cases specially provided for by laws. 4 The provisions of paragraph 2 of the preceding Article and paragraphs 1 to 3 inclusive shall not apply to the following personnel: (1) Personnel in the conditional period of initial appointment; (2) Personnel appointed temporarily. 5 With regard to the status of the personnel mentioned under the items of the preceding paragraph, necessary matters may be provided for by by-laws. 6 In cases where a member of the personnel has come to fall under any of the items of Article 16 (excluding item (3)), he shall lose his office, except for cases specially provided for by by-laws.

(Disciplinary Punishment) Article 29. In cases where a member of the personnel falls under one of the following cases, he may be subjected to an action of reproof, reduction in pay, suspension or dismissal as a disciplinary action: (1) When he has acted contrary to this Law, or by-laws, regulations of the local public body, or rules fixed by agencies of the local public body, issued under this Law; (2) When he has acted contrary to the duties of his position or has neglected his duties; (3) When he is guilty of such misconduct as renders himself unfit to be a servant of the whole community. 2 The procedure and effect of the disciplinary punishment of the personnel must be fixed by by-laws, except for cases specially provided for by laws.

Section 6 Performance of Duty

(Basic Standard for Performance of Duty) Article 30. Every member of the personnel, as a servant of the whole community, must attend to his duties in the interest of the public and exert his utmost in the performance of his duties.

(Oath of Performance of Duty) Article 31. The personnel must take the oath of performance of duty as provided for by by-laws.

(Duty of Obedience to Laws and Orders, etc. and Superiors'Orders on Matters pertaining to Performance of Duty) Article 32. The personnel, in the performance of their duties, must comply with laws and orders, by-laws, regulations of the local public body and rules fixed by agencies of the local public body, and faithfully observe their superiors'orders no matters pertaining to the performance of their duties.

(Prohibition of Acts Causing Discredit) Article 33. The personnel must not act in such a way as to discredit his position or reflect adversely on positions of the whole personnel.

(Duty of Preservation of Secrecy) Article 34. The personnel must not divulge any secret which may have come to their knowledge in the performance of their duties. This shall also apply after they have retired from office. 2 In cases where a matter of official secrecy is to be disclosed upon becoming a witness, expert witness, etc., in accordance with laws and orders, the permission of the appointing authority (or, in the case of a person who has retired from office, the appointing authority over the office from which he has retired or the office corresponding thereto) must be obtained. 3 The permission mentioned in the preceding paragraph cannot be refused except for cases specially provided for by laws.

(Duty of Devotion to Service) Article 35. The personnel must, except for cases specially provided for by laws or by-laws, devote their full work hours and occupational attention to the discharge of their official responsibilities and engage themselves solely in those services which the local public body has the responsibility to perform.

(Restriction of Political Activities) Article 36. The personnel must not participate in the formation of a political party or any other political organization, or become officers of such organization, or conduct any campaign to induce others to become or not to become members of such organization. 2 The personnel must not engage in any of the following political activities for the purpose of supporting or opposing any particular political party or other political organization, any particular Cabinet or executive agency of the local public body, or for the purpose of supporting or opposing any particular person or case in a public election or vote;however, the personnel other than the personnel serving in the public school (meaning the public school provided for by the School Education Law (Law No.26 of 1947);the same hereinafter), outside of the area of the local public body to which they belong (jurisdictional area of the local branch office, local affairs office or ward office concerned, in case the personnel concerned are ones serving in the local branch office or local affairs office of To, Do, Fu or prefecture, or the ward office of the city mentioned in Article 155 paragraph 2 of the Local Autonomy Law), and the personnel serving in the public school, outside of the area of the local public body which is the establisher of the school (area of the ward where the school is situated, in case the school concerned is the primary school, middle school or kindergarten provided for by the School Education Law and its establisher is the city mentioned in Article 155 paragraph 2 of the Local Autonomy Law), may engage in any of the political activities mentioned in items (1) to (3) inclusive and in item (5): (1) Conducting any campaign to induce others to vote or not to vote in a public election or vote; (2) Participating actively in any signature campaign through planning, sponsoring, etc.; (3) Participating in raising of donations and money and other things of value; (4) Displaying or allowing the display of any literature or drawings in any government building, equipment, etc. of the local public body or otherwise using or allowing the use of any government building, equipment, materials or funds of the local public body; (5) Besides the affairs enumerated in the preceding items, such political activities as defined by by-laws. 3 No person must request or instigate or incite the personnel to engage in any political activity provided for in the preceding two paragraphs, or must give or attempt to give or promise to give any appointment, position, compensation or any other benefit or disadvantage in relation to the in-service status of the personnel as reward or retaliation for doing or not doing any political activity mentioned in the preceding two paragraphs. 4 The personnel shall not be subjected to adverse treatment on account of not having consented to such unlawful acts as are provided for in the preceding paragraph. 5 The provisions of this Article shall be construed and applied in line with their object of assuring the fair operation of the administration of the local public bodies and protecting the interest of the personnel by guaranteeing the political neutrality of the personnel.

(Prohibition of Acts of Dispute, etc.) Article 37. The personnel must not resort to strike, slow-down and other acts of dispute against their employer, who is the local people as represented by the agencies of the local public body, or to such idling tactics as will deteriorate the functional efficiency of the agencies of the local public body. Nor must any person attempt, or conspire, instigate or incite the perpetration of, such unlawful acts. 2 Any member of the personnel who has acted in violation of the provision of the preceding paragraph shall become unable, simultaneously with the commencement of such acts, to set up against the local public body the rights to appointment or employment he enjoys under laws and orders, or by-laws, regulations of the local public body or rules fixed by agencies of the local public body.

(Restriction of Engagement in Commercial Enterprise, etc.) Article 38. The personnel must not concurrently occupy the posts of officials and other posts specified by rules of the personnel commission (regulations of the local public body, in local public bodies without the personnel commission) in a company or other organization the object of which is to undertake a private enterprise for profit, or undertake a commercial enterprise on their own account, or engage for reward in any enterprise or business without the permission of the appointing authority. 2 The personnel commission may, by rules of the personnel commission, establish standards for the granting or withholding of the permission of the appointing authorities specified in the preceding paragraph.

Section 7 Training and Evaluation of Work Performance

(Training) Article 39. The personnel must be given opportunity to receive training for the purpose of development and improvement of their working efficiency. 2 The appointing authorities shall be responsible for the training mentioned in the preceding paragraph. 3 The personnel commission may recommend to the appointing authorities as to formulation of training programs and other training methods.

(Evaluation of Work Performance) Article 40. The appointing authorities shall periodically evaluate the work performance of personnel and shall take such appropriate action as the result of evaluation may call for. 2 The personnel commission may recommend to the appointing authorities as to formulation of programs of evaluation of work performance and other necessary matters with regard to the evaluation of work performance.

Section 8 Protection of Welfare and Interest

(Basic Standard for Protection of Welfare and Interest) Article 41. The protection of the welfare and interest of the personnel shall be adequate and impartial.

Subsection 1 Welfare and Benefit System

(Welfare System) Article 42. The local public bodies must endeavor to formulate and put into practice plans concerning the health of the personnel, their recreation, and other matters relating to their welfare.

(Mutual Aid System) Article 43. A system of mutual aid for the death, disability, injury and disease of the personnel suffered outside the course of duty, their childbirth, calamity and other accidents, and such accidents of their dependents, must be soon put into practice. 2 In providing for the mutual aid system mentioned in the preceding paragraph, adequate consideration must be given so that it may not be out of proportion to the National Government and other local public bodies. 3 The mutual aid system mentioned in paragraph 1 must be provided for on the basis of sound actuarial computation.

(Systems of Retirement Annuities and Retirement Grants) Article 44. A system of retirement annuities or retirement grants payable to those personnel who have retired or died after serving faithfully for a considerable period or to their bereaved family must be soon put into practice. 2 For those personnel who have died or retired on account of injury or disease suffered in the course of duty or for their bereaved family, a system of retirement annuities or retirement grants may also be put into practice. 3 In putting into practice the system of retirement annuities or retirement grants as provided for in the preceding paragraph, adequate coordination must be effected with the compensation for accidents in line of duty provided for in Article 45. 4 In providing for the systems of retirement annuities and retirement grants mentioned in paragraphs 1 and 2, adequate consideration must be given so that they may not be out of proportion to the National Government and other local public bodies. 5 The provisions of paragraph 3 of the preceding Article shall apply mutatis mutandis to the systems of retirement annuities and retirement grants mentioned in paragraphs 1 and 2.

Subsection 2 Compensation for Accidents in line of Duty

(Compensation for Accidents in line of Duty) Article 45. The losses suffered by the personnel or their bereaved family or their dependents when and because the personnel have died or incurred injury or disease in the course of duty, or have died or have been disabled on account of injury or disease suffered in the course of duty must be compensated.

Subsection 3 Application for Action on Working Conditions

(Application for Action on Working Conditions) Article 46. The personnel may apply to the personnel commission or equity commission in connection with their compensation, work hours and other working conditions that appropriate action may be taken by the authorities of the local public body.

(Examination and Action to be Taken following the Examination) Article 47. When the application provided for in the preceding Article has been filed, the personnel commission or equity commission must conduct examination of the case through oral inquiry or other means, pass judgment on the case and, on the basis of the result thereof, take actions of its own acord with regard to matters within its powers, or with regard to other matters, make necessary recommendations to the agency of the local public body which has powers over the matter under consideration.

(Procedures of Application and Examination and Judgment, etc.) Article 48. The necessary matters concerning the procedures of the application and examination and judgment and the action to be taken following the examination and judgment as provided for in the preceding two Articles must be fixed by rules of the personnel commission or equity commission.

Subsection 4 Appeal for Review of Adverse Action

(Delivery of Written Statement on and Appeal for Review of Adverse Action) Article 49. The appointing authorities must, in cases where they subject a member of the personnel to a disciplinary punishment or such adverse action as is considered to be against his will, deliver him at that time a written statement setting forth the reasons therefor. 2 When a member of the personnel considers that he has been subjected to an adverse action against his will, he may request the appointing authority for delivery of a written statement of the reasons therefor. 3 The appointing authority who has received the request as provided for in the preceding paragraph must, within fifteen days from that day, deliver the written statement mentioned in the same paragraph. 4 A member of the personnel who has been delivered the written statement mentioned in paragraphs 1 and 3 may within thirty days from that day, and a member of the personnel who has not been delivered the written statement within the period mentioned in the preceding paragraph may within thirty days after the expiration of that period, appeal to the personnel commission or equity commission for review of that action respectively. 5 The provisions of the preceding four paragraphs shall not apply to the personnel mentioned under the items of Article 28 paragraph 4.

(Review and Action to be Taken following the Review) Article 50. When the appeal provided for in paragraph 4 of the preceding Article has been received, the personnel commission or equity commission must promptly examine the case. In such case, a hearing must be conducted, if the person subjected to the action so requests. The hearing must be conducted in public, if he so requests. 2 The personnel commission or equity commission must, on the basis of the result of the examination provided for in the preceding paragraph, approve, revise or cancel the action, and, if necessary, give direction for the correction of any unjust treatment that may have been suffered by the member of the personnel on account of the action, such as to cause the appointing authority to take necessary and appropriate measures for the recovery of the compensation and other claims due to him.

(Procedures of Application and Review, etc.) Article 51. Necessary matters concerning the procedures of the application and review and the action to be taken following the review as provided for in the preceding two Articles must be provided for by rules of the personnel commission or equity commission.

Section 9 Personnel Organization

(Formation of Personnel Organization) Article 52. The personnel may or may not form and may or may not join an organization (hereinafter in this Section to be referred to as a "unit organization" ) the object of which is to negotiate with the authorities of the local public body concerned with regard to the compensation, work hours and other working conditions. 2 The unit organization may form a federation with other unit organizations of the local public body concerned or join a federation of unit organizations formed by other unit organizations of the local public body concerned. And, the federation of unit organizations may form a federation with other federations of unit organizations of the local public body concerned or join another federation of unit organizations of the local public body concerned. 3 The provision of the preceding paragraph shall not prevent a unit organization or a federation of unit organizations (hereinafter in this Section to be referred to collectively as "the personnel organization" ) from actually forming a united organization with the personnel organizations of other local public bodies or with other organizations of public service personnel or actually joining a united organization formed by the personnel organizations of other local public bodies or other organizations of public service personnel. 4 The police and fire defense personnel cannot form and join the personnel organizations. 5 The personnel must not administer the business of the personnel organizations or conduct activities in the interest of such organizations, while they are receiving compensation from the local public body.

(Registration of the Personnel Organization) Article 53. The personnel organizations may apply, accompanying their agreements (Articles of Association, in case it is to be a juridical person;the same hereinafter in this Article), to the personnel commission (in local public bodies without the personnel commission, it shall be the head of the local public body;the same hereinafter in this Section) for registration in compliance with by-laws. In such case, the personnel commission must, as provided for by by-laws, register it with the agreement and so notify the personnel organization concerned, if the personnel organization having applied for registration complies in all respects with provisions of this Law and by-laws issued thereunder. 2 The agreements of the personnel organizations mentioned in the preceding paragraph shall contain at least the following matters: (1) Name; (2) Business; (3) Location of the main office; (4) Regulation concerning the scope of membership and the acquisition and loss of qualifications for membership; (5) Regulations concerning officers including directors, representatives and others; (6) Regulations concerning the execution of business, meeting and voting including the matters provided for in paragraph 3; (7) Regulations concerning expenditure and accounting; (8) Regulations concerning union with other personnel organizations; (9) Regulations concerning the alteration of the agreement; (10) Regulations concerning dissolution. 3 In order to qualify for and maintain registration, the personnel organizations must establish the procedures to the effect that the adoption or alteration of the agreement, election of officers and other similarly important actions are decided by a majority vote of all members through direct secret ballot in which all personnel who are constituent members shall have equal opportunity to participate, and these important actions must actually be decided through such procedures. However, in the case of the federation of unit organizations, it may be sufficient only to establish the procedures to the effect that those important actions are decided by a majority vote of all representatives, whom each constituent organization shall elect by a majority vote through direct secret ballot in which all personnel who are its constituent members shall have equal opportunity to participate, through direct secret ballot in which all such representatives shall have equal opportunity to participate, and to decide them actually through such procedures. 4 When the personnel organization registered has become inconformable with the provisions of this Law and by-laws issued thereunder, the personnel commission may, after conducting hearing, cancel its registration in compliance with the provisions of by-laws. The hearing must be conducted in public, if the personnel organization concerned so requests. 5 When it has changed its agreement, the personnel organization registered must so notify the personnel commission in compliance with the provisions of by-laws. In such case, the provision of the latter part of paragraph 1 shall apply mutatis mutandis. 6 When it has dissolved, the personnel organization registered must so notify the personnel commission in compliance with provisions of by-laws.

(Exceptions concerning the Personnel Organization having a Juridical Personality) Article 54. The personnel organizations may be incorporated as juridical persons. Those provisions of the Civil Code (Law No.89 of 1896) and the Law of Procedure for Non-Contentious Litigation (Law No.14 of 1898) which are relating to the juridical persons provided for in Article 34 of the Civil Code shall apply mutatis mutandis to the juridical persons mentioned in this paragraph. However, "the competent government agency" in those provisions shall read "the personnel commission" . 2 When those personnel organizations which are intended to be incorporated as juridical persons have been registered in accordance with the provision of paragraph 1 of the preceding Article, they shall be considered to have obtained the permission mentioned in Article 34 of the Civil Code which is applicable mutatis mutandis in the preceding paragraph. 3 When the registration of the personnel organization having a juridical personality has been cancelled in accordance with the provision of paragraph 4 of the preceding Article, the cancellation of permission mentioned in Article 71 of the Civil Code which is applicable mutatis mutandis in paragraph 1 shall be considered to have been effected. 4 When an alteration of the Articles of Association has been registered in accordance with the provision of paragraph 5 of the preceding Article, it shall be regarded as having been approved under Article 38 of the Civil Code being applicable mutatis mutandis in paragraph 1.

(Negotiation) Article 55. The personnel organization registered may, under the conditions and circumstances as fixed by by-laws, negotiate with the authorities of the local public body concerned with regard to the compensation, work hours and other working conditions of the personnel. And, in conjunction therewith, negotiation for lawful purposes including social or welfare activities may be done. However, such negotiation shall not include the right of collective agreement with the authorities of the local public body concerned. 2 In the case mentioned in the preceding paragraph, the personnel organization may conclude a written agreement with the authorities of the local public body concerned, provided that such agreement shall not conflict with laws and orders, or by-laws, regulations of the local public body or rules fixed by agencies of the local public body. 3 The agreement mentioned in the preceding paragraph must be carried out with sincerity and upon responsibility by both the authorities of the local public body concerned and the personnel organization. 4 The freedom of the personnel to express grievances or submit opinions to the authorities of the local public body concerned with regard to the compensation, work hours and other working conditions or for lawful purposes including social or welfare activities shall not be be denied to the personnel for the reason that they do not belong to the personnel organization.

(Prohibition of Adverse Treatment) Article 56. The personnel shall not be subjected to adverse treatment on account of the fact that they are members of the personnel organization, or that they have attempted to form or join it, or that they have acted legitimately for the personnel organization.

CHAPTER IV Miscellaneous Provisions

(Exceptions) Article 57. With regard to those personnel, such as the educational personnel of the public schools (meaning the principals, teachers and secretaries provided for by the School Education Law), persons employed for simple labor, for whom exceptions to this Law are required on account of the special nature of their functions and responsibilities, provisions shall be made by laws separately. However, such exceptions must not be contrary to the spirit of Article 1.

(Exclusion of Application of other Laws) Article 58. The provisions of the Trade Union Law (Law No.174 of 1949) and the Labor Relations Adjustment Law (Law No.25 of 1946) and orders issued thereunder shall not apply in regard to the personnel. 2 The provisions of Articles 2, 85, 86, Articles 89 to 93 inclusive and Article 102 of the Labor Standard Law (Law No.49 of 1947) and the provisions of such part of Article 6 as is relating to Article 2 of the Labor Standard Law, Article 30, such part of Article 57 as is relating to the working conditions, Articles 96 to 100 inclusive, Article 102 and such part of Article 108 as is relating to the working conditions, of the Mariners'Law (Law No.100 of 1947) and the provisions of orders issued thereunder shall not apply in regard to the personnel. However, the provisions of Articles 85, 86 and 102 of the Labor Standard Law and the provisions of such part of Article 37 as is relating to the working conditions, Article 96 and such part of Article 108 as is relating to the working conditions, of the Mariners'Law and the provisions of orders issued thereunder shall apply in regard to the personnel engaged in such enterprises conducted by local public bodies as are listed in Article 8 items (1) to (10) inclusive and items (13) to (15) inclusive of the Labor Standard Law. 3 The authority of the agencies for the supervision of labor standards with respect to the working conditions of the personnel, in those cases where such out of the provisions of the Labor Standard Law and Mariners'Law and the provisions of orders issued thereunder as are applicable in regard to the personnel in compliance with the provision of the preceding paragraph are applicable, shall be exercised by the personnel commission or a member thereof who has been so delegated thereby (the head of the local public body, in local public bodies without the personnel commission), except those cases which are related to the personnel engaged in such enterprises conducted by local public bodies as are listed in Article 8 items (1) to (10) inclusive and items (13) to (15) inclusive of the Labor Standard Law.

(Cooperation and Technical Advice of the Local Autonomy Agency) Article 59. The Local Autonomy Agency may cooperate and give technical advice so that personnel administration of the local public bodies may be operated in accordance with the principle of local public service system which is established by this Law.

CHAPTER V Penal Provisions

Article 60. A person who falls under any of the following items shall be liable to penal servitude for not more than one year or a fine of not more than thirty thousand yen: (1) A person who has made a discrimination in violation of the provision of Article 13; (2) A person who has divulged a secret in violation of the provision of Article 34 paragraph 1 or 2 (including the cases where it is applicable mutatis mutandis in Article 9 paragraph 10); (3) A person who has intentionally failed to obey the direction of the personnel commission or equity commission provided for in Article 50 paragraph 2.

Article 61. A person who falls under any of the following items shall be liable to penal servitude for not more than three years or a fine of not more than one hundred thousand yen: (1) A person who has been summoned as a witness by the personnel commission or equity commission, in accordance with the provision of Article 8 paragraph 5, in connection with the exercise of powers as provided for in Article 50 paragraph 1, and failed to comply without proper reason or made a false statement, or who, in accordance with the provision of the same paragraph, has been demanded to present documents or copies thereof by the personnel commission or equity commission and failed to comply without proper reason or presented documents with false entries or copies thereof; (2) A person who has made an appointment in violation of the provision of Article 15; (3) A person who has obstructed the taking of examination or furnished information in violation of the provision of the latter part of Article 19 paragraph 1; (4) Any person who has conspired, instigated, incited the perpetration of, or attempted, the unlawful acts provided for in the former part of Article 37 paragraph 1; (5) A person who has intentionally prevented the filing or application for action on working conditions provided for in Article 46.

Article 62. A person who has attempted, ordered, intentionally condoned, instigated, or has been an accessory to, the acts enumerated in Article 60 item (2), or items (1) to (3) inclusive or item (5) of the preceding Article shall be liable to the punishment provided for in each of these Articles.