Article 99Authority of the Director-General of the Labor Standards Management Bureau
第九十九条(労働基準主管局長等の権限)
The Director-General of the Labor Standards Management Bureau, under the direction and supervision of the Minister of Health, Labour and Welfare, directs and supervises the directors of the prefectural labor bureaus administers particulars connected with the establishment, amendment, or repeal of laws and regulations concerning labor standards, particulars connected with the appointment, dismissal, and training of labor standards inspectors, particulars connected with the establishment and adjustment of regulations concerning inspection methods, particulars of the preparation of an annual report on inspections, particulars connected with the Labor Policy Council and Labor Standards Inspector Dismissal Council (limited to the particulars connected with the Labor Policy Council relating to working conditions and the protection of workers), and other particulars regarding the enforcement of this Act; and directs and supervises staff members under their jurisdiction.
The directors of the prefectural labor bureaus, under the direction and supervision of the Director-General of the Labor Standards Management Bureau, direct and supervise the directors of the labor standards inspection offices within their jurisdiction; administer the particulars of the adjustment of inspection methods and other particulars connected with the enforcement of this Act; and direct and supervise staff members under their jurisdiction.
都道府県労働局長は、労働基準主管局長の指揮監督を受けて、管内の労働基準監督署長を指揮監督し、監督方法の調整に関する事項その他この法律の施行に関する事項をつかさどり、所属の職員を指揮監督する。
The directors of the labor standards inspection offices, under the direction and supervision of the director of the prefectural labor bureaus; administer inspections, examinations, approvals, acknowledgments, investigations, arbitration, and other particulars regarding the enforcement of this Act; and direct and supervise staff members under their jurisdiction.
労働基準監督署長は、都道府県労働局長の指揮監督を受けて、この法律に基く臨検、尋問、許可、認定、審査、仲裁その他この法律の実施に関する事項をつかさどり、所属の職員を指揮監督する。
The Director-General of the Labor Standards Management Bureau and the directors of prefectural labor bureaus, may themselves exercise the powers of subordinate government agencies, or may have labor standards inspectors under their jurisdiction exercise those powers.
労働基準主管局長及び都道府県労働局長は、下級官庁の権限を自ら行い、又は所属の労働基準監督官をして行わせることができる。
worker
「労働者」
A person employed at a business or office and paid wages, whatever the kind of job.
Defined inArticle 9, paragraph (1)· applies throughout the law
Director-General of the Labor Standards Management Bureau
「労働基準主管局長」
The head of the bureau in the Ministry of Health, Labour and Welfare that administers labor standards.
Short name set inArticle 97, paragraph (2)
Labor Policy Council
労働政策審議会
A council (審議会) attached to the Ministry of Health, Labour and Welfare (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 6, paragraph (1)). At the Minister of Health, Labour and Welfare's request it studies and deliberates on important matters of labour policy (and, at that Minister's or the Minister of Economy, Trade and Industry's request, on preventing pneumoconiosis (じん肺)), gives its opinion on them to the Minister or the administrative bodies concerned, and handles the matters the labour laws assign to it (Article 9, paragraph (1) of that Act). It has thirty members, whom the Minister appoints in equal numbers from those representing workers, employers and the public interest, and temporary and expert members may be added for particular matters (Cabinet Order (政令) on the Labor Policy Council (労働政策審議会令), Articles 2 and 3).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Arts. 6, 9 and Cabinet Order on the Labor Policy Council, Arts. 2, 3 as a reference.
director of a labor standards inspection office
労働基準監督署長
The head of a labor standards inspection office (労働基準監督署), one of the offices under each prefectural labor bureau (都道府県労働局) that carry out the Labor Standards Act (Labor Standards Act, Article 97, paragraph (1), and Article 99, paragraph (2)). The director is appointed from among labor standards inspectors (Article 97, paragraph (2)) and, directed and supervised by the director of the prefectural labor bureau (都道府県労働局長), administers the inspections (臨検), questioning (尋問), approvals (許可), investigations (審査) and other matters of carrying out that Act, and directs and supervises the office's staff (Article 99, paragraphs (2) and (3)). Under the Act on Ensuring Wage Payment, where an employer holds its workers' savings as deposits but has not taken the measures to protect them that Article 3 requires (保全措置), the director can order it to put that right by a deadline the director sets (Act on Ensuring Wage Payment, Articles 3 and 4). For the workers a Ministerial Order (厚生労働省令) names, the director confirms the amount of their unpaid wages and other matters before the government pays part of those wages in the employer's place (Article 7), and may send staff into the employer's workplace to question people and inspect books and documents to make that confirmation (Article 13, paragraph (2)). The director is also one of the officials a worker can report the employer's violations to (Article 14, paragraph (1)).
Written by AI using Labor Standards Act, Arts. 97, 99 and Act on Ensuring Wage Payment, Arts. 3, 4, 7, 13, 14 as a reference.
labor standards inspector
労働基準監督官
An official who carries out the Labor Standards Act, stationed in the Ministry of Health, Labour and Welfare's Labor Standards Management Bureau (労働基準主管局), in the prefectural labor bureaus and in the labor standards inspection offices (労働基準監督署) (Labor Standards Act, Article 97, paragraph (1)). An inspector may enter and inspect workplaces, dormitories and other associated buildings, demand books and records, and question employers and workers, carrying identification while doing so (Article 101); carries out the duties of a judicial police officer (司法警察官) under the Code of Criminal Procedure for offences against that Act (Article 102); and must not reveal secrets learned on the job, even after leaving it (Article 105). Where the Ministry has set up a Labor Standards Inspector Dismissal Council (労働基準監督官分限審議会), an inspector cannot be dismissed without its consent (Article 97, paragraphs (4) and (5)). A worker may report a violation of the Act to an inspector, and the employer must not dismiss the worker or treat the worker unfavourably for it (Article 104). The Act on Ensuring Wage Payment also has inspectors carry out the duties of a judicial police officer (司法警察員) for offences against it (Act on Ensuring Wage Payment, Article 11), lets them enter workplaces, question people and inspect books and documents to carry it out — a power not granted for criminal investigation (Article 13, paragraphs (1) and (4)) — and lets a worker report an employer's violations of it to them (Article 14, paragraph (1)).
Written by AI using Labor Standards Act, Arts. 97, 101, 102, 104, 105 and Act on Ensuring Wage Payment, Arts. 11, 13, 14 as a reference.
director of a prefectural labor bureau
都道府県労働局長
The head of a prefectural labor bureau (都道府県労働局), a local branch (地方支分部局) of the Ministry of Health, Labour and Welfare, so part of the national government rather than of the prefecture (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 17; National Government Organization Act, Article 9). The post is filled by a labor standards inspector (労働基準監督官) (Labor Standards Act, Article 97, paragraph (2)). Under the Labor Standards Act, the director, directed and supervised by the head of the Ministry's Labor Standards Management Bureau (労働基準主管局長), directs and supervises the directors of the labor standards inspection offices (労働基準監督署長) in the bureau's area, handles the carrying out of that Act, such as coordinating how inspection is done, and directs and supervises the bureau's staff; the director may also exercise the powers of the authorities below (下級官庁) directly, or have the bureau's labor standards inspectors exercise them (Labor Standards Act, Article 97, paragraph (1), and Article 99, paragraphs (2) and (4)). The heads of public employment security offices (公共職業安定所長) run their offices under the director's direction and supervision (Employment Security Act, Article 8, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Art. 17, National Government Organization Act, Art. 9, Labor Standards Act, Arts. 97, 99 and Employment Security Act, Art. 8 as a reference.