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。
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
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 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.