Chapter XI Inspection Bodies
第十一章 監督機関
Article 97Staff Members of Inspection Bodies
第九十七条(監督機関の職員等)
Labor standards inspectors and other necessary staff members prescribed by Order of the Ministry of Health, Labour and Welfare may be appointed in the Labor Standards Management Bureau (meaning the department established within the Ministry of Health, Labour and Welfare, with administrative responsibility for affairs involving labor conditions and the protection of workers; the same applies below), prefectural labor bureaus, and labor standards inspection offices.
労働基準主管局(厚生労働省の内部部局として置かれる局で労働条件及び労働者の保護に関する事務を所掌するものをいう。以下同じ。)、都道府県労働局及び労働基準監督署に労働基準監督官を置くほか、厚生労働省令で定める必要な職員を置くことができる。
The Director-General of the Labor Standards Management Bureau (referred to below as the "Director-General of the Labor Standards Management Bureau"), the directors of prefectural labor bureaus, and the directors of labor standards inspection offices, are appointed from among labor standards inspectors.
労働基準主管局の局長(以下「労働基準主管局長」という。)、都道府県労働局長及び労働基準監督署長は、労働基準監督官をもつてこれに充てる。
Cabinet Order prescribes particulars relating to the qualifications and appointment and dismissal of labor standards inspectors.
労働基準監督官の資格及び任免に関する事項は、政令で定める。
A Labor Standards Inspector Dismissal Council may be established in the Ministry of Health, Labour and Welfare, pursuant to Cabinet Order.
厚生労働省に、政令で定めるところにより、労働基準監督官分限審議会を置くことができる。
The consent of the Labor Standards Inspector Dismissal Council is required for the dismissal of a labor standards inspector.
労働基準監督官を罷免するには、労働基準監督官分限審議会の同意を必要とする。
Beyond what is provided for in the preceding two paragraphs, Cabinet Order prescribes the necessary particulars relating to the structure and operation of the Labor Standards Inspector Dismissal Council.
前二項に定めるもののほか、労働基準監督官分限審議会の組織及び運営に関し必要な事項は、政令で定める。
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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。
The Director-General of the Ministry of Health, Labour and Welfare's Women's Management Bureau (meaning the director of an internal bureau established within the ministry that is responsible for affairs regarding labor issues associated with the unique characteristics of female workers; the same applies below), under the direction and supervision of the Minister of Health, Labour and Welfare, administers particulars relating to the establishment, amendment, repeal and interpretation of special provisions in this Act relating to women, and advises the Director-General of the Labor Standards Management Bureau, and the directors of the government agencies subordinate to that Bureau, and assists in the direction and supervision of those subordinate government agencies by the Director-General of the Labor Standards Management Bureau, in connection with particulars concerning the enforcement of those provisions.
厚生労働省の女性主管局長(厚生労働省の内部部局として置かれる局で女性労働者の特性に係る労働問題に関する事務を所掌するものの局長をいう。以下同じ。)は、厚生労働大臣の指揮監督を受けて、この法律中女性に特殊の規定の制定、改廃及び解釈に関する事項をつかさどり、その施行に関する事項については、労働基準主管局長及びその下級の官庁の長に勧告を行うとともに、労働基準主管局長が、その下級の官庁に対して行う指揮監督について援助を与える。
The Director-General of the Women's Management Bureau may view documents related to inspections and other things that the Labor Standards Management Bureau, the government agencies subordinate to that Bureau, or officials of those agencies have undertaken, in particulars relating to women, by themselves; or may have the Women's Management Bureau's officials designated by the Director-General view those documents.
The provisions of Articles 101 and 105 apply mutatis mutandis to investigations that the Director-General of the Women's Management Bureau or the designated officials under their jurisdiction, carry out in connection with the enforcement of special provisions of this Act relating to women.
Article 101Authority of Labor Standards Inspectors
第百一条(労働基準監督官の権限)
In the case referred to in the preceding paragraph, a labor standards inspector must carry identification on them.
前項の場合において、労働基準監督官は、その身分を証明する証票を携帯しなければならない。
第百二条
Labor standards inspectors carry out the duties of judicial police officers provided for in the Code of Criminal Procedure, regarding criminal violations of this Act.
労働基準監督官は、この法律違反の罪について、刑事訴訟法に規定する司法警察官の職務を行う。
第百三条
If communal housing associated with a business that employs workers is in violation of the standards that have been established for safety and health, and there is an imminent danger to workers, a labor standards inspector may immediately exercise the powers of the relevant government agency under the provisions of Article 96-3.
Article 104Filing Reports with Inspection Bodies
第百四条(監督機関に対する申告)
第百四条の二(報告等)
If finding it necessary for enforcing this Act, a relevant government agency may have an employer or a worker file a report on the necessary particulars or may order an employer or a worker to appear before the agency, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Article 105Duties of Labor Standards Inspectors
第百五条(労働基準監督官の義務)
A labor standards inspector must not reveal confidential information learned in the course of duty. The same applies even after a labor standards inspector has left their position.
労働基準監督官は、職務上知り得た秘密を漏してはならない。労働基準監督官を退官した後においても同様である。
business
「事業」
A business or office at which people are employed; the unit to which the Labor Standards Act applies.
Short name set inArticle 9, paragraph (1)
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
employermachine translation
「使用者」
The business owner, its managers, and anyone else acting for the owner in matters concerning its workers.
Defined inArticle 10, paragraph (1)· applies throughout the law
Labor Standards Management Bureau
「労働基準主管局」
The bureau inside the Ministry of Health, Labour and Welfare that is responsible for working conditions and the protection of workers.
Defined inArticle 97, paragraph (1)
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)
Director-General of the Women's Management Bureaumachine translation
「女性主管局長」
The head of the bureau inside the Ministry of Health, Labour and Welfare that is responsible for labor issues that arise from the particular circumstances of women workers.
Defined inArticle 100, paragraph (1)
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.
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 (厚生労働省), a national ministry, so it is part of the national government and not of the prefecture, despite its name (Act for Establishment of the Ministry of Health, Labour and Welfare, Articles 2 and 17; National Government Organization Act, Article 9). It handles a share of the Ministry's work, and a Cabinet Order (政令) sets each bureau's name, seat and area (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 21, paragraphs (1) and (2)). Labor standards inspection offices (労働基準監督署) and public employment security offices (公共職業安定所) are set up where needed to handle parts of its work (Articles 22, paragraph (1), and 23, paragraph (1)).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Arts. 2, 17, 21, 22, 23 and National Government Organization Act, Art. 9 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.