Law on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment

CHAPTER IV. MISCELLANEOUS PROVISIONS

Investigations, Etc.

Article 24. The Minister of Health, Labour and Welfare shall implement necessary investigative research concerning the working lives of women workers.

2.		The Minister of Health, Labour and Welfare may, with respect to the enforcement of this Law, ask the directors of governmental agencies concerned for necessary cooperation such as the provision of data.
3.		The Minister of Health, Labour and Welfare may, with respect to the enforcement of this Law, request needed investigative reports from the prefectural governors.

Collection of Reports and Issuing of Advice, Guidance, and Recommendations

Article 25. The Minister of Health, Labour and Welfare may, when he finds it necessary with respect to the enforcement of this Law, request reports of employers and give said employers advice, guidance, and recommendations.

2.

Part of the authority of the Minister of Health, Labour and Welfare provided for in the preceding paragraph may be entrusted to the Director of the prefectural Labour Bureau, based on ordinance of the Ministry of Health, Labour and Welfare.

Publication

Article 26. In the event that an employer is in violation of any of the provisions of Articles 5 through 8, and the Minister of Health, Labour and Welfare has given a recommendation based on the provisions of paragraph 1 of the preceding Article, but the employer has not complied with it, the Minister of Health, Labour and Welfare may make a public announcement to that effect.

Exception for Seafarers

Article 27. With respect to the seafarers and persons seeking to become seafarers provided for in Article 6, paragraph 1 of the Seafarer's Employment Security Act (No. 130 of 1948), the readings of certain phrases of this law shall be changed as follows. The phrase “Minister of Health, Labour and Welfare” contained in the following provisions shall be read as “Minister of Land, Infrastructure and Transport”: Article 4, paragraphs 1, 4, and 5 (including cases in which the aforementioned is/are applied mutatis mutandis to Article 4, paragraph 6; Article 10, paragraph 2; Article 21, paragraph 3; and Article 23, paragraph 3); Article 10, paragraph 1; Article 21, paragraph 2; Article 23, paragraph 2; and Articles 24, 25, and 26. The phrase “Labour Policy Council” contained in article 4, paragraph 4 (including cases in which the aforementioned is applied mutatis mutandis to Article 4, paragraph 6; Article 10, paragraph 2; Article 21, paragraph 3; and Article 23, paragraph 3) shall be read as “Seafarers' Central Labour Commission.” The phrase “ordinance of the Ministry of Health, Labour and Welfare” contained in the following provisions shall be read as “ordinance of the Ministry of Land, Infrastructure and Transport”: Article 7; Article 12; Article 22; and Article 25, paragraph 2. The phrase “having taken a leave as stipulated in Article 65, paragraph 1 or 2, of the Labour Standards Law (Law No. 49 of 1947)” contained in Article 8, paragraph 3 shall be read as “having been absent from work as stipulated in Article 87, paragraph 1 or 2 of the Seafarers'Law (Law No. 100 of 1947).” The phrase “Director of the prefectural Labour Bureau” contained in the following provisions shall be read as “Direct Transport Bureau Chief (including Director of Marine Transport Control Department)”: Article 13, paragraph 1; Article 14, paragraph 1; and Article 25, paragraph 2. The phrase “refer to the Disputes Adjustment Commission provided for in Article 6, paragraph 1 of the Law on Promoting the Resolution of Individual Labour Disputes (hereinafter “Commission”) for mediation” contained in Article 14, paragraph 1 shall be read as “refer to the Seafarers' District Labour Commission for mediation.”

2.		The provisions of Chapter II, section II shall not apply with regard to the Mediation conducted by the Seafarers' District Labour Commission upon the referral provided for in the provisions of Article 14, paragraph 1 as said provision is read in the preceding paragraph.
3.		Matters for the Mediation referred to in the preceding paragraph shall be managed by a consultative body composed of three members nominated from among neutral members by the chairman of said Seafarers' District Labour Commission. In such case, when, based upon the application of the Parties Concerned, said consultative body finds it necessary, it shall hear the views on the case in question of the members who are nominated by the chairman of said Seafarer' District Labour Commission from among the employer [members] and worker members.
4.		The provisions of Articles 17 through 19 shall apply mutatis mutandis to the Mediation referred to in paragraph 2. In such case, the readings of certain phrases of this law shall be changed as follows. The “Commission” referred to in Articles 17 and 18 shall be read as “Seafarers' District Labour Commission.” Regarding certain phrases in Article 19, “this section” shall be read as “Article 27, paragraphs 3 and 4”; “Mediation” shall be read as “the consultative body and Mediation”; “ordinance of the Ministry of Health, Labour and Welfare” shall be read as “Rules of the Seafarers' Central Labour Commission.”

Exclusions

Article 28. The provisions of Chapter II and of Articles 25 and 26 shall not apply to members of the national civil service or local civil service. The provisions of Chapter III shall not apply with respect to: national civil servants in the regular government service (except personnel referred to in Article 2, item 4 of the Public Corporation and National Enterprise Labour Relations Law (Law No. 257 of 1948); court personnel to whom the Law on Temporary Measures for Court Personnel (Law No. 299 of 1951) applies; National Diet personnel to whom the National Diet Personnel Law (Law No. 85 of 1947) applies; and members prescribed in Article 2, paragraph 5 of the Self Defense Forces Law (Law No. 165 of 1954).

SUPPLEMENTARY PROVISIONS

Date of Enforcement

Article 1. This law shall enter into force from the date of its promulgation.

 

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