representative failed to register changes in the matters registered concerning the said juridical person as provided in regulations established under Article 11, paragraph 2 of this Act.

ADDITIONAL PROVISIONS

1. This Act shall come into force as from the day when the period of thirty days will have elapsed counting from the day of its promulgation.

2. The qualification of the auditors mentioned in Article 5 Paragraph 2 Item (7) shall follow the regulation provided for by the Chief Executive until an Act concerning auditors is promulgated.

Date passed: July 24, 1953.

Date signed: August 21, 1953.
Date effective: October 1, 1953.

GOVERNMENT OF THE RYUKYU ISLANDS

Act No. 43

(3d Session, 2d Regular)

(L-36)

AN ACT CONCERNING THE LABOR RELATIONS ADJUSTMENT

Be it enacted by the Legislature of the Government of the Ryukyu Islands— ARTICLE 1. The aim of this Act shall be, in conjunction with the Trade Union Act (Act No. 42, 1953), to promote a fair adjustment of labor relations and to prevent or settle labor disputes and thereby to contribute to the maintenance of industrial peace and to economic development.

ART. 2. The parties concerned with labor relations shall mutually make special endeavors to promote proper and fair labor relations, and fix by trade agreement matters relating to the establishment as well as management of regular agencies to adjust labor relations constantly, and in case labor disputes occur, to endeavor to settle them autonomously in all sincerity.

ART. 3. The government shall assist the parties concerned with labor relations to find an autonomous settlement of the differences of their claims concerning labor relations and thereby prevent to the utmost the occurrence of the acts of disputes.

ART. 4. Nothing in this Act shall be construed either to prevent the parties concerned with labor relations from determining working conditions and other matters concerning labor relations or from adjusting the differences of their claims concerning labor relations by direct negotiations and collective bargaining or to relieve the parties concerned with labor relations of their responsibility for making such endeavors.

ART. 5. In effecting any adjustment of labor relations under this Act the parties and the Labor Relations Commission and other organs concerned should as far as possible utilize every appropriate convenience to expedite the disposal of the

case.

ART. 6. The police and other organs of the government shall not be allowed to exercise their coercive power for adjusting labor relations.

ART. 7. In this Act, "labor dispute" shall mean a disagreement of claims arising regarding labor relations between the parties concerned with labor relations and resulting either conditions with the occurence of acts of dispute or condition with the danger of their occurrence.

ART. 8. In this Act, "act of dispute" shall mean strike, slow down, lockout and other acts and counter-acts hampering the normal operation of work of an enterprise, performed by the parties concerned with labor relations with the object of attaining their respective claims.

ART. 9. (a) In this Act, "public welfare work" shall mean the following work which provides the services essential to the daily life of the general public: (1) Transportation work;

(2) Post, telegraph or telephone work;

(3) Work for supplying water, electricity or gas;

(4) Medical treatment and public health work.

(b) The Chief Executive shall have power to designate as public welfare work, other than the work in any item of the preceding paragraph, any work the stoppage which will seriously affect the economy of people or seriously

endanger the daily life of the general public for a specified period of time not exceeding six months with the approval of the Legislature.

(c) Immediately after the designation of public welfare works pursuant to the provisions of the preceding paragraph, the Chief Executive shall be required to publish the matter by appropriate means such as the newspaper and radio, in addition to the notice in the Official Gazette (Koho).

ART. 10. When acts of dispute occur, the parties concerned should immediately report thereon to the Labor Relations Commission.

CHAPTER II. CONCILIATION

ART. 11. The Labor Relations Commission shall appoint persons about to become conciliators and prepare a list of such persons.

ART. 12. The persons about to become conciliators shall be men of knowledge and experience who are capable of rendering assistance for the settlement of the labor dispute under the provisions of this Chapter; provided that they shall not be appointed from the same political party or profession.

ART. 13. In the event of a labor dispute, upon the request of both or one of the parties concerned or on his own authority, the chairman of the Labor Relations Commission shall appoint a conciliator from the list; provided that with the approval of the Commission, a person not in the list may be appointed by the chairman as a temporary conciliator.

ART. 14. The conciliator shall endeavor to intermediate between both parties concerned, ascertain their respective points of view and assist in arriving at a settlement.

ART. 15. In case the conciliator has no prospect of effecting a settlement he shall withdraw and report the salient facts of the case to the Labor Relations Commission.

ART. 16. The conciliators may, as may be provided for by the regulations, receive the compensation for the expenses necessary for performing their duties. ART. 17. Procedural matters concerning conciliation other than those provided for in this Chapter shall be fixed by the regulations.

ART. 18. Nothing in this Chapter shall be construed to prevent the parties concerned with a labor dispute from finding a settlement to a dispute by other means of conciliation, either by mutual agreement or in accordance with the provisions of a trade agreement.

CHAPTER III. MEDIATION

ART. 19. Mediation of a labor dispute by the Labor Relations Commission under the provision of Article 20 of the Trade Union Act shall be carried out under the provisions of this Chapter.

ART. 20. (a) The Labor Relations Commission shall carry out mediation in any of the following cases:

(1) When a request for mediation has been made by both parties concerned to the Labor Relations Commission;

(2) When a request for mediation has been made by both or one of the parties concerned to the Labor Relations Commission in accordance with the provisions of a trade agreement;

(3) When, in a case involving public welfare work, a request for mediation has been made by either party concerned to the Labor Relations Commission;

(4) When, in a case involving public welfare work, the Labor Relations Commission decides that it is necessary to carry out mediation on its own authority;

(5) When, in a case involving public welfare work or in a case having great scope or involving work of a special nature and for these persons seriously affecting the public welfare, a request for mediation has been made by the Chief Executive to the Labor Relations Commission.

(b) In case application for mediation has been filed by the parties concerned in accordance with the provisions of Item (1) to (3) inclusive of the preceding paragraph shall be regarded as staff members engaged in official business under who filed the application is deemed to be very insufficient for a voluntary settlement of the affairs, reject the application.

ART. 21. The mediation of labor dispute by the Labor Relations Commission shall be carried out by setting up a Mediation Committee consisting of the members representing the employers, the members representing workers and the members representing the public interest.

ART. 22. At the Mediation Committee, the number of members representing the employers and the worker shall be equal.

ART. 23. (a) The members of the Mediation Committee shall be appointed by the chairman of the Labor Relations Commission from among the members of the Labor Relations Commission; provided that, with the approval of the Labor Relations Commission if the chairman deems necessary, other persons than the members of the Labor Relations Commission may be appointed as members of the Mediation Committee.

(b) The members appointed in accordance with the proviso of the preceding paragraph shall be regarded as staff members engaged in official business under laws and orders.

ART. 24. There shall be a chairman for the Mediation Committee. The said chairman shall be elected by the Mediation Committee from among the members representing the public interests.

ART. 25. (a) The Mediation Committee shall be convoked by its chairman, and the decisions of the Mediation Committee shall be made by a majority vote, and in case of a tie, the chairman shall decide the issue.

(b) No meeting shall be held unless the members representing the employers and workers are present.

ART. 26. The Mediation Committee shall fix the date, request the presence of the parties concerned and request them to present views.

ART. 27. The Mediation Committee shall have the power to exclude from the proceedings any persons other than the parties and relevant witness.

ART. 28. (a) The Mediation Committee shall have the power to draft a proposal for settlement, to present it and recommend to the parties concerned to accept it, and to publish the proposed settlement together with a statement of the reasons therefor.

(b) If the proposal for mediation presented under the preceding paragraph is accepted by both parties concerned and thereafter disagreement arises over interpretation or implementation of the proposed settlement, the parties concerned shall request the Mediation Committee by which the proposed settlement was submitted to present a clarification of the interpretation or implementation. (c) The Mediation Committee under the preceding paragraph shall present to the parties concerned the clarification of the interpretation or implementation concerning requested issues within a period of 10 days after the request is made. (d) Until the clarification of the interpretation or implementation has been presented in accordance with the preceding paragraph, neither of the parties concerned shall resort to acts of dispute with regard to the interpretation or implementation of the said proposal for settlement; provided that this shall not apply to the case when the period provided for in the preceding paragraph has expired.

ART. 29. Special expedition and precedence in consideration shall be given to all mediation cases involving public welfare work.

ART. 30. Nothing in this Chapter shall be construed to prevent the parties concerned with labor dispute from finding a settlement of a case by other means of mediation either by mutual agreement of the parties or in accordance with the provisions of the trade agreement.

CHAPTER IV. ARBITRATION

ART. 31. The arbitration of labor dispute by the Labor Relations Commission in accordance with the provisions of Article 20 of the Trade Union Act shall be carried out under the provisions of this Chapter.

ART. 32. The Labor Relations Commission shall carry out arbitration in any of the following cases:

(1) When a request for arbitration has been made to the Labor Relations Commission by both parties concerned;

(2) When a request for arbitration has been made to the Labor Relation Commission by both or either one of the parties concerned where the trade agreement provides that a request for arbitration by the Labor Relations Commission must be made.

ART. 33. The arbitration of a labor dispute by the Labor Relations Commission shall be carried out without setting up a special committee: Provided, That a subcommittee may be established to investigate the facts in the case. When so requested by the Labor Relations Commission, the subcommittee must submit a draft award of arbitration to the Commission.

ART. 34. In arbitration proceedings the Labor Relations Commission shall have the power to exclude any persons other than the parties and relevant witness.

ART. 35. The award of arbitration shall be made in writing, and the paper shall state the date when the award goes into effect.

ART. 36. The award of arbitration shall have the same effect as a trade agreement.

ART. 37. Nothing in this Chapter shall be construed to prevent the parties concerned with labor dispute from finding the settlement of a case by other means of arbitration than those fixed herein either by mutual agreement or in accordance with the provisions of the trade agreement.

CHAPTER V. RESTRICTION OR PROHIBITION OF CERTAIN ACTS OF DISPUTE

ART. 38. No act which stops or hampers normal maintenance or operation of safety accommodations at factories, work yards and other places of employment shall be resorted to as an act of dispute.

ART. 39. (a) With regard to public welfare work, acts of disputes by the parties concerned should not be allowed until the request for mediation under the provisions of Article 20, Paragraph (a), Item 1 to 3 inclusive has been made and 20 days have elapsed from the day the said request has been received or from the day the decision under Item 4 of the same paragraph or the request under Item 5 of the same paragraph has been made: Provided, That such allowance shall not apply to the acts of dispute at the work where acts of dispute have already been in progress even if the said work be designated as public welfare work pursuant to the provisions of Article 9 Paragraph (b).

(b) With regard to public welfare work, in a case where the proposal for settlement acceptable by the parties concerned provides that bargaining must be continued on certain issues between the parties concerned, acts of dispute carried out concerning the issues by the parties concerned shall not be allowed until the prerequisites set forth in the preceding paragraph have again been met.

ART. 40. (a) In case there is a contravention under the preceding Article, the employer or his organization, or the laborers' organization or other persons or organizations who are responsible for such contravention shall be subject to a fine not exceeding 30,000 yen.

(b) The provision of the preceding paragraph, when such employer or such organization or such laborers' organization who is responsible is a juridical person, shall apply to the trustees or directors or other officials discharging official duties of a juridical person. In case such person, parties or organizations are not juridical persons, the provisions shall apply to the representatives or other officials discharging official duties.

(c) The total fine imposed for one case of dispute shall not exceed 30,000 yen. (d) When applying the provisions of Paragraph (a) to the dissolved juridical person, employers' organizations or laborers' unions or organizations of the parties in dispute which are not juridical persons, these organizations shall be regarded as still in existence.

Art. 41. The employer shall not be allowed to discharge or give discriminatory treatment to workers for the testimony or acts made at the proceedings of adjustment of labor dispute under this Act.

Art. 42. Those who contravene the provisions of the preceding Article shall be liable to confinement not exceeding six months or a fine not exceeding 15,000 yen.

Art. 43. The offenses of Article 40 and the preceding Article shall be acted upon at the request of the Labor Relations Commission.

Art. 44. The chairman of a Mediation Committee or the chairman of the Labor Relations Commission in carrying out mediation or arbitration, shall have power to order the withdrawal of any one obstructing the fair progress of mediation or arbitration.

ADDITIONAL PROVISION

This Act shall come into force as from the day when 30 days will have elapsed from the day of its promulgation.

Date passed: July 24, 1953.

Date signed: August 21, 1953.

Date effective: October 1, 1953.

GOVERNMENT OF THE RYUKYU ISLANDS

Act No. 44 (2d session, 2d Regular) (L-37)

AN ACT CONCERNING THE LABOR STANDARDS ACT

Be it enacted by the Legislative of the Government of the Ryukyu Islands—

CHAPTER I. GENERAL PROVISIONS

ARTICLE 1. (a) Working condition shall be those which will meet the need of the worker who lives a life worthy of human being.

(b) The standard of working condition provided by this act are the minimum. Therefore parties of labor relation must not reduce working condition by reason of this standard and, instead, should endeavor to raise the working condition.

ART. 2. (a) Working conditions should be decided by the worker and employer on an equal basis.

(b) The worker and employer must abide by the collective agreement, rule of employment or labor contract, and must discharge their respective duties faithfully.

ART. 3. No employer shall discriminate against or for any worker by reason of nationality, creed or social status in wages, working hours and other workin conditions.

ART. 4. The employer shall not discriminate between men and women concerning for equal value of work by reason of the worker being women.

ART. 5. The employer shall not force workers to work against their will by means of violence, intimidation, imprisonment, or any other unfair restraint on the mental or physical freedom of the workers.

ART. 6. Unless permitted by the law, no person shall obtain profit as vocation by intervening in the employment of others.

ART. 7. The employer shall not refuse when the worker requires necessary time to exercise his franchise and other civil rights or to execute public duty during the working hours. However, the employer may change the required time as far as the change does not hinder the exercise of the right or the execution of public duty.

ART. 8. This Act applies to each of the items of enterprises and offices listed below. However, it does not apply to any enterprise or office employing only those relations living with the employer as family members nor to domestic employees in the home:

(1) Enterprises engaged in the manufacture, rebuilding, improving, repairing, cleaning, sorting, packing and decoration of goods, finishing, tailoring for the purpose of selling, destruction or breaking up, and alteration of material. (This includes, industries which generate, transform and transmit electricity, gas and various forms of power and also water-works); (2) Mining, stone cutting and other extraction of gravel or minerals; (3) Engineering, construction, and building, remodeling, maintenance, repairing, renovation, wrecking, dismantling of structures and those enterprises engaged in preparatory work for the above enterprises;

(4) Enterprises engaged in the transportation of freight and passengers by roads, vessels and airplanes;

(5) Enterprises handling freight at docks, on vessels, at jetties, piers, and warehouses;

(6) Enterprises engaged in the cultivation of land or reclamation of waste land, planting, cultivating, harvesting of crops, timber cutting, and other agricultural and forestry enterprises;

(7) Enterprises engaged in the breeding of animals, catching, gathering and breeding of marine animals and seaweed, and other enterprises such as livestock raising, sericulture and fisheries;

(8) Enterprises engaged in the selling, delivery, storing, and lending of commodities;

(9) Banking, insurance agency, brokerage, bill collection, information and advertising enterprises;

(10) Motion-picture production and showing cinematography, stage and other show enterprises;

(11) Postal, telegraph, and telephone services;

(12) Enterprises engaged in education, research and investigation;