Imperial Ordinance No. 705 of October 16th of 1939 (14th Year of Showa)
Article 1.
The temporary measures concerning wages as exercised by virtue of the provisions of Article 6 of the National General Mobilization Law (inclusive of the case coming within the purview of Imperial Ordinance No. 317 of 1938, same context following) shall be governed by the provisions of the present ordinance.
Article 2.
That which is herein referred to as "workman" shall mean such a person as is employed and receives wages as a mariner or otherwise employed to be engaged in any of the undermentioned enterprises, that is to say:
1. Mining, placer-mining, stone-cutting and/or any other enterprises connected with the mineral industry; 2. Enterprises relating to manufacturing, working on, cleaning, selecting, packing, repairing, overhauling and/or the dissecting of things (inclusive of enterprises relating to generating, transforming, converting and/or transmitting electricity, gas or various other power and/or waterworks); 3. Civil engineering, building and other enterprises connected with erecting, reconstructing, preserving, repairing, transforming, and the destroying of any other structures and/or any other enterprises relating to their preparation; 4. Enterprises connected with transporting or forwarding of passengers and/or freight by means of roads, railroads, tramways and/or ropeways; 5. Enterprises relating to handling cargo or freight at dockyards, ships, piers, wharfs, stations or warehouses; 6. Enterprises relating to ploughing or reclaiming land or relating to planting, cultivating, collecting or cutting of plants or vegetation and any other agricultural and/or forestry enterprise; 7. Enterprises connected with the raising of cattle or animals, or connected with collecting, catching and/or cultivating or the nursing of aquatic animals or plants and/or any other cattle-raising, silk-worm nursing or aquatic industry; 8. Any other enterprises such as are designated by ordinance.
Article 3.
That which is herein referred to as wages shall mean such wages, pay allowances, bonuses and/or any other such payments, in whatever name or
form of monies, things or benefits as they are, as are given by the employer in return for the work performed.
That which is herein referred to as "standard wage" shall mean the fixed amount of wages in the case of a fixed-pay-system or minimum-guarantee-pay or unit-time-pay in the case of the commission-system and that which is referred to as "criterion of wages" shall mean the criterion of additional pay for encouragement, allowance, a'lowing [sic] in kind or for such bonuses as are not included in the designation by ordinance or unit of commission, commission-time or percentage or method of computation of commission.
Article 4.
A person who employs workmen in his enterprise (hereinafter referred to as employer) must not, with a view to raising the wages of all or a part of the workmen in his employ, alter the standard wage as of September 18th of 1939 (14th Year of Showa) (hereinafter referred to as the designated date).
In the case where, prior to the enforcement of the present ordinance, an employer has altered the standard wage of the designated date with a view to raising the wages of all or a part of the employees, he may not effect payment in accordance with such standard so altered.
The provisions of the preceding two paragraphs shall not apply where an ordinance otherwise prescribes.
Article 5.
With respect to a workman who is employed after the designated date, the standard wage prevailing at the time when he is first employed shall be deemed as the standard wage of the designated date.
Article 6.
As regards application of the present ordinance with reference to a workman for a trial term of employment not exceeding thirty days after being first employed, if the trial term of employment has terminated after the designated date, it shall be deemed that he was first employed at the time when the standard wage was fixed subsequently to the termination of such trial term of employment.
Article 7.
The employer shall, in accordance with the provisions of Article 31 of the National General Mobilization Law, submit a report on such standard wage as applicable to the workman who is first employed after the designated date to the prefectural governor (in the case of the prefecture of Tokyo, the Superintendent-General of the Metropolitan Police Board, same context following) as prescribed by ordinance, provided, however, that this provision shall not apply where a workman is first employed as according to the wage-scale which has been reported in accordance with the provisions of Article 8, Paragraph 1.
When the standard wage of the preceding paragraph is deemed to be
unreasonable when considered in the light of the actual conditions of wages of the designated date, the prefectural governor may, with respect to the application of the provisions of Article 4, determine such as should replace the standard wage at the time of first employment. In this case, that which is determined by the prefectural governor shall be deemed as the standard wage of the designated date.
Article 8.
The employer must report to the prefectural governor on the wage-scale pertaining to the standard wage that is applicable when workmen are employed.
When the prefectural governor considers such a wage-scale as reported in accordance with the provisions of the preceding paragraph to be unreasonable in the light of the actual conditions of wages prevalent at the designated date, he may, with respect to the application of the provisions of the proviso to paragraph 1 of the preceding article, determine such as should replace the said wage-scale. In this case, that which is determined by the prefectural governor shall be deemed as the wage-scale that has been reported in accordance with the provisions of Paragraph 1 hereof.
Article 9.
The employer must not alter the criterion of wages of the designated date with a view to raising the wages of all or a part of the workmen in his employ.
In the case where, prior to the enforcement of the present ordinance, an employer has altered the criterion of wages of the designated date with a view to raising the wages of all or a part of the workmen whom he employs, he must not effect payment according to such criterion of wages.
The provisions of the preceding two paragraphs shall not apply where an ordinance otherwise prescribes.
Article 10.
The employer shall report on the criterion of wages of the designated date to the prefectural governor in accordance with the provisions of Article 31 of the National General Mobilization Law, as prescribed by ordinance.
Article 11.
In case of a given work, place of enterprise, business place or any other similar place where work is being operated without a definite criterion of wages at the designated date, if there is a certain criterion of wages governing the same or similar operations existing elsewhere, such criterion of wages shall be deemed as the criterion of wages of the designated date.
As for the work for which there is no criterion of wages of the designated date and to which the provisions of the preceding paragraph are not applicable, if the criterion of wages is determined after the designated date, such criterion of wages shall be deemed as the criterion of wages at the designated date.
The employer shall, in accordance with the provisions of Article 31 of the National General Mobilization Law, submit to the prefectural governor a report of the criterion of wages, which is determined after the designated date, as prescribed by ordinance.
When the criterion of wages reported in accordance with the provisions of the preceding paragraph is deemed as unreasonable in the light of the actual conditions of wages prevalent at the designated date, the prefectural governor may determine such as should be substituted in respect of application of the provisions of Article 9. In this case that which is determined by the prefectural governor shall be deemed as the criterion of wages of the designated date.
Article 12.
When an employer intends to alter the standard wage or the criterion of wages and increase the wages of individual workmen in his employ, he shall obtain the permission of the prefectural governor in accordance with the provisions of the ordinance, the same applying in effecting payment in the case where the standard wage or the criterion of wages of the designated date has been altered and the wages increased in respect of individual workmen in his employ prior to he [sic] enforcement of the present ordinance.
The provisions of the preceding paragraph shall not apply where wages are or have been increased according to the wage-scale pertaining to increase of wages as reported in accordance with the provisions of Article 13, Paragraph 1 or Article 14, Paragraph 1, or is duly increased where there is a wage-scale pertaining to increase of wages in accordance with the provisions of Article 15 or of Article 16.
Article 13.
An employer who has a permanent force of fifty or more workmen at one and the same work, place of enterprise, business place or any other similar place shall, in accordance with the provisions of Article 31 of the National General Mobilization Law, report to the prefectural governor on the wage-scale pertaining to increase of wages as applicable to the workmen in his employ as prescribed by ordinance.
When the wage-scale as reported in accordance with the provisions of the preceding paragraph is deemed unreasonable in the light of the actual conditions of wages prevalent at the designated date, the prefectural governor may determine such as should be substituted in respect of the application of the provisions of Paragraph 1 of the preceding article. In this case, that which is determined by the prefectural governor shall be deemed as the wage-scale as reported in accordance with the provisions of the preceding paragraph.
Article 14.
Employers not coming within the purview of the provisions of the preceding articles may also report to the prefectural governor on the wage-scale applicable to the workmen in their employ as prescribed by ordinance.
The provisions of Paragraph 2 of the preceding article shall apply with necessary modifications, to the case where such report was made in accordance with the provisions of the preceding paragraph.
Article 15.
When the standard wage, criterion of wages or wage-scale pertaining to increase of wages has been determined as effective by a certain number of employers, or in such association or body of employers as designated by the Minister of Welfare and therefore received the permission of the prefectural governor, such determination shall prevail with respect to the employment as exercised by such employer, member of such association or of the body (inclusive of members of such association or body formed by such associations or bodies), provided, however, that this provision shall not apply where an ordinance otherwise prescribes.
Article 16.
When deemed necessary as regards wages for those who are employed from day to day or where an ordinance so prescribes, the prefectural governor may determine the standard wage, criterion of wages or wage-scale pertaining to increase of wages by referring the matter to the Prefectural Commission on Wages.
In the case of the preceding paragraph, the employer must abide by that which has been determined by the prefectural governor, provided, however, that this provision shall not apply where an ordinance otherwise prescribes.
Article 17.
In case the determination rendered under the provisions of the preceding two articles pertains either to standard wage other than the standard wage of a workman being first employed or pertains to the standard wage of an employee being first employed, or to the criterion of wages or to the wage-scale pertaining to increase of wages, the provisions of Article 4, provisions of Article 7 and Article 8, provisions of Articles 9 to 11 and the provisions of Article 13 and Article 14 shall be respectively excepted of application so far as the matter whereof such determination has been made is concerned.
Article 18.
When an employer intends, as regards bonuses that are determined by ordinance in accordance with the provisions of Article 3, Paragraph 2, to give same at such time as was not given in the previous year, or to give same at an increased rate over the rate of the bonus given at the same time of the previous year, he shall obtain the permission of the prefectural governor in accordance with the provisions of the ordinance.
The method of computation of the rate of bonus of the preceding paragraph shall be determined by ordinance.
When an employer intends to give an extraordinary allowance to all or the majority of the workmen in his employ at the same time, he shall obtain
permission of the perfectural [sic] governor in accordance with the provisions of the ordinance.
Article 19.
The employer may not, on whatever pretext or excuse, commit such an act as is calculated to evade such restriction or limitation as are imposed under the provisions of Article 4, Article 9, Article 12, Article 15, Article 16 and Article 18.
Article 20.
The Minister of Welfare or the prefectural governor may, by virtue of the provisions of Article 31 of the National General Mobilization Law, call for a report on the conditions of wages or send the officials concerned to the place of work, place of enterprise, business place, ships or any other places for inspection and/or for examination of books and documents.
In case the officials concerned are sent for inspection and/or examination in accordance with the provisions of the preceding paragraph, they shall carry a certificate or a badge in proof of their status.
Article 21.
For the purpose of making recommendations to the Minister of Welfare on matters of importance pertaining to the enforcement of the present ordinance as referred to for deliberation, the Commission for Investigation of Temporary Measures Concerning Wages shall be organized.
The regulations governing the Commission for Investigation of Temporary Measures Concerning Wages shall be made as separate and apart from the present ordinance.
Article 22.
The present ordinance shall not apply to a workman who receives initial wages under the provisions of Article 5 of the Ordinance Relating to Control of Wages.
The present ordinance shall not be prejudicial to the application of the provisions of Article 6 of the Ordinance Relating to Control of Wages.
Article 23.
The present ordinance shall not apply to the State or prefectures.
The application of the provisions of the present ordinance shall be excepted in case where they are in conflict with any restrictions or limitations that are imposed under the international convention or any such agreement as is made thereunder pertaining to wages.
Article 24.
That which is referred to in Article 13 as "an employer with a permanent force of fifty or more workmen at his one and same place of work, place of enterprise, business place or any other place" shall mean, with
respect to mariners, an employer with a permanent force of fifty or more mariners.
Article 25.
In Japan proper, with the exception of the cases relating to mariners, that which is referred to in the present ordinance as "the prefectural governor" shall mean the director of the Bureau for Supervision of Mines and that which is referred to as "the Prefectural Commission on Wages" shall mean the Commission on Miners' Wages in the cases of the mining and placer-mining industries.
In Japan proper, that which is referred to as "the Minister of Welfare" in Article 15, Article 20 and Article 21 shall mean "the Minister of Communications"; that which is referred to as "the prefectural governor" in Article 7 and Article 12 shall mean the administrative authorities having jurisdiction over maritime affairs; that which is referred to as "the prefectural governor" in Article 8, Article 10, Article 11, Article 13 and Article 16 shall mean either the Minister of Communications or the director of the Communications Bureau; that which is referred to as "the prefectural governor" in Article 18 shall mean the director of the Communications Bureau; and that which is referred to as "the prefectural governor" in Article 20 shall mean the director of the Communications Bureau and the administrative authorities having jurisdiction over maritime affairs.
That which is referred to as the Prefectural Commission on Wages in Article 16 shall mean the Commission on Mariners' Wages in respect of mariners with the exception of those who board the ships mentioned in each section of Article 1, Paragraph 1 of the Mariners' Law.
The regulations governing the Commission on Mariners' Wages shall be made as separately and apart from the present Ordinance.
Article 26.
The matters coming within the jurisdiction of the director of the Communications Bureau or the administrative authorities having jurisdiction over maritime affairs shall be discharged by the prefectural governor with respect to those mariners on board the ships mentioned in each section of Article 1, Paragraph 1 of the Mariners' Law.
Article 27.
That which is referred to in the present ordinance as "the Minister of Welfare" shall mean the Governor-General of Chosen, the Governor-General of Taiwan, the Governor of the Government of Karafuto and the Governor of the Government of the South Sea Islands respectively in the cases of Chosen, Taiwan, Karafuto and the South Sea Islands; and that which is referred to as "the prefectural governor" shall mean the governor of do in the case of Chosen, the governor of shu or cho in Taiwan, the Governor of the Government of Karafuto in the case of Karafuto, the Governor of the Government of the South Sea Islands in the case of the South Sea Islands; and that which is referred to as "the prefecture" shall mean the do in Chosen, the shu or cho in Taiwan and the Local Administration Account
of the South Sea Islands in the case of the South Sea Islands.
That which is referred to as "the prefectural governor" in the present ordinance shall mean either the director of the Communications Bureau or the administrative authorities having jurisdiction over the maritime affairs of the Government-General of Chosen in the case of Chosen as prescribed by order of the Governor-General of Chosen, and the director of the Bureau of Traffic or the administrative authorities having jurisdiction over the maritime affairs of the Government-General of Taiwan in the case of Taiwan as prescribed by order of the Governor-General of Taiwan in respect of the mariners (with the exceptions of those on board the ships mentioned in each section of Article 1, Paragraph 1 of the Mariners' Law.
Article 28.
The provisions relating to the Prefectural Commission on Wages as contained in Article 16 and the provisions contained in Article 21 shall not apply in Chosen, Taiwan, Karafuto and the South Sea Islands.
Supplementary Clauses:
The present ordinance shall be enforced as from October 20th of 1939 (14th Year of Showa), provided, however, that the same shall be enforced as from October 27th of 1939 (14th Year of Showa) in the cases of Chosen, Taiwan, Karafuto and the South Sea Islands.
The present ordinance shall remain in force until October 19th of 1940 (15th Year of Showa), provided, however, that as for the application of the penal clauses relating to such acts as committed prior to the said date, the same shall be effective even after the said date.
(For reference)
Extracts from Law No. 55 as Promulgated on April 1st of 1938 (13th Year of Showa); the National General Mobilization Law:
Article 6.
The Government may, in time of war and when deemed necessary for effecting national general mobilization, issue necessary orders relating to employment, hiring or removal of or wages of workers or any other conditions of labour in accordance with the provisions of the Imperial Ordinance.
Extracts from Imperial Ordinance No. 128 as Promulgated on March 31st of 1939 (14th Year of Showa): the Ordinance Relating to Control of Wages
Article 5.
The Minister of Welfare or the prefectural governor may, in accordance with the provisions of the ordinance, determine initial wages for inexperienced
workmen.
When a proprietor of an enterprise has employed inexperienced workmen, he shall, within such period as prescribed by ordinance, pay such amount of wages as is in accordance with the initial wages as governed by the provisions of the preceding paragraph, provided, however, that the same shall not apply where ordinance otherwise prescribes.
Article 6.
With the exceptions of the cases mentioned in the preceding Article, the prefectural governor may, when the amount of wages or the manner of payment is deemed conspicuously unreasonable, order the proprietor of the enterprise to alter or revise same as effective in the future.