Law for the Control of Labor in "Manchoukuo" Imperial Ordinance No. 268 Promulgated December 1, 1938 Article 1. The present Law has as its aims the consolidation and fostering of resources of labor, the guidance and protection of laborers, and the adjustment of the supply of and demand for labor with a view to obtaining efficient utilization of labor power. Article 2. Persons designated by the Minister of People's Welfare who employ or supply labor may, with the permission of the Minister of People's Welfare, conclude control agreements (amongst themselves). regarding the use and hiring of laborers, and labor wages and conditions. Article 3. Unless the permission of the Minister of People's Welfare is obtained, amendments, cancellations, new admissions, or withdrawals from control agreements shall not be valid. Article 4. In case the operators mentioned in Article 2 do not conclude control agreements, the Minister of People's Welfare may, when he deems it necessary, order them to conclude control agreements concerning the use or hiring of laborers, or the wages or conditions of labor. When the operators mentioned in the preceding paragraph do not follow the order described in said paragraph, the Minister of People's Welfare may issue orders necessary for the control of the matters mentioned in the : said paragraph. Article 5. When the Minister of People's Welfare deems it necessary, he may amend or cancel control agreements. Article 6. When the Minister of People's Welfare deems it necessary, he may order operators mentioned in Article 2, who have not joined control agreements, to observe control agreements. Article 7. The Minister of People's Welfare may issue to operators employing or supplying labor such orders as may be necessary to control the recruiting or supplying of labor. Article 8. The Minister of People's Welfare may issue to operators employing or suppaying at such orders as may be necessary for the protection or guidanes of laborers. Article 9. The Minister of People's Welfare may delegate a portion of his powers under the two praceding articles to Provincial Governors or to the Mayor of the Hsinking Special Municipality. Article 10. When he deems it necessary to ensure a supply of labor, the Minister of People's Welfare may issue necessary orders concerning the maintenance of a supply thereof to operators mentioned in Article 2. Lesses arising from dispositions mentioned in the preceding paragraph may be compensated in the manner provided for by the Minister of People's Welfare. Article 11. In unavoidable exigencies for the purpose of carrying on public enterprises, the Manchuria Labor Association may request the good offices of the Provincial Governor or Mayor of Hainking Special Municipality having jurisdiction over such enterprises to recruit labor. When a provincial governor receives a request as provided for in the preceding paragraph, he may order the mayors, magistrates, or banner chiefs under him to use their good offices to recruit a proportionate number of the laborers to be recruited. ' ; . When the Mayor of the Hsinking Special Municipality receives a request as mentioned in the first paragraph of this article; or whanɛ armayor, magistrate, or banner chief receives an order as mentioned in the preceding paragraph, he may order laborers in his jurisdiction to be recruited in the manner fixed by the Minister of People's Welfare. Article 12. In the case mentioned in the first paragraph of the preceding article, when the provincial governor or Mayor of the Hsinking Special Municipality, because of a shortage of labor in his jurisdiction or other causes, is unable to recruit the labor concerned, the Minister of People's Welfare upon their request may order a governor or Mayor of the Hsinking Special Municipality, elsewhere than in the place of the enterprise, to use his good offices to recruit a proportionate number of laborers to be recruited. The provisions of the second and third paragraphs of the preceding article shall apply in the case of the preceding paragraph. Article 13. In the cases covered by the two preceding articles, the provincial governor or the Mayor of the Hsinking Special Municipality may give orders to the Manchuria Labor Association concerning the wages and treatment of laborers to be recruited necessary for their protection. Article 14. Persons desiring to engage in the business of supplying laborers must obtain the permission of the provincial governor or general police board having jurisdiction over the place where their head office is located. Article 15. Only a local body or the Manchuria Labor Association may operate or supervise a labor exchange. Article 16. As for foreign laborers, they must be laborers of a foreign country designated by the Minister of Peace Maintenance, and unless they fall under any one of the following heads, they may not enter the country. However, persons not needing passport visas under a treaty will not be affected by this limitation: 1. Persons holding personal certificates issued by their Persons holding personal certificates issued by persons : Article 17. The persons mentioned in Baragraph 2 in the preceding article who issue personal certificates may, in the manner fixed by the Minister of Peace Preservation and with his permission, collect a fee (for this service). Article 18. With regard to laborers determined by the Minister of People's Welfare, both the laborer..concerned and his employee shall obtain, in the manner fixed by the Minister of People's Welfare, laborer registration and labor standard cards. Article 19. The Minister of People's Welfare may, in the manner prescribed by him, order operators employing laborers to submit regular or extraordinary schedules of laborer employment plans. Article 20. The Minister of People's Welfare, in the manner prescribed by him, may order operators mentioned in Article 2, to supply regular or extraordinary reports on necessary matters relating to labor. Article 21. Persons who violate control agreements and persons who violate the orders mentioned in Paragraph 2 of Article 4 or Article 6 shall be punished by a fine not exceeding Yen 5,000. Article 22. Persons who violate the orders mentioned in Article 7, 8, or 10 shall be punished by a fine not exceeding Yen 3,000. Article 23. Persons who come under any one of the following heads shall be fined not more than Yen 300 or imprisoned or lightly fined. 1. When they engage in supplying laborers without obtaining the permission mentioned in Article 14; 2. When they violate the provisions of Article 15; 3. ·4 When they do not submit schedules of employment plans or When they do not make a report on necessary matters or make a false report in violation of the provisions of Article 20. Article 24. In the application of the provisions of the three preceding articles, the procedure relating to the application of punishments in Imperial Ordinance No. 225 of 1938, Rules of Administrative Law, shall be followed. Supplementary Rule The date of enforcement of the present Law shall be determined by Imperial Ordinance. When persons engaged in supplying labor at the time the present Law goes into effect report, within one month of the enforcement of the Law, to the provincial governor or general police board having jurisdiction over the place where they have their head office, they shall be considered as having received permission under this Law, Source:- "Manchoukuo" Official Gazette, December 1, 1938. Regulations for the Enforcement of the Law for the Control of Labor in "Manchoukuo". People's Welfare Department Order No. 2 Issued January 30, 1939 (Note: Minister refers to Minister of People's Welfare; officials, to provincial governors, Mayor of Hsinking Special Municipality.) Article 1. "Employers of laborers" referred to in Article 2 of the Law, means operators or managers of forestry, mining, manufacturing, and communications enterprises. Suppliers of laborers mentioned in the same article means suppliers of laborers to the same industries. Article 2. When employers or suppliers of laborers intend to make control agreements under Article 2, they shall choose one representative from among them and petition the Minister, giving the following data: Name of representative; Statement concerning the parties to the agreement (names of parties, names of their factories, place of business, types of business, number of laborers employed by them); Particulars of the agreement. Article 3. When a change in an agreement is to be made, it must be approved by all adherents, and then petition for approval thereof shall be made to Minister. The same procedure shall be followed when agreement is to be canceled or when new adherents to or withdrawals from agreement occur. Article 4. When persons getting an order to form an agreement under Article 4 get such order, they must draft the agreement within one month and get the Minister's approval of it. Article 5. When there is a change in the type of business, or the position of the business or factory operated by adherents to an agreement, or in the office of representative, such change must be reported to the representative within seven days. Article 6. The representative will prepare a register of adherents according to Form No. 1. He shall record changes in the preceding article in such register. Article 7. When a person has received an order to adhere to an agreement under Article 6, the representative will record him in the register and .: note that he has received an order to obey the agreement. Same procedure for provisions of Article 5. Article 8. When suppliers or employers of laborers wish to recruit laborers, they will prepare. Form No. 2 and send it to provincial governor via mayor, magistrate, or banner chief with jurisdiction over the recruiting area and obtain his approval. In case of Hsinking, they will obtain the mayor's permit. The same procedure will be followed when changes are to be made in the permit. Article 9. When permission is given as above, the recruiting permit will be issued on Form No. 3. Article 10. When a person wishes to engage in recruiting laborers, he will obtain a permit from the local police superior, police headquarters, provincial governor, or banner chief, giving the following and presenting two Brownie size photographs of himself; 1, 2, 3, Details about himself; 4, His relations with the Article 11. Local officials listed above will issue.to an applicant under Article 10 above a permit on Form No. 4. Article 12. Said officials may cancel said permit when they regard holder's acts as unsuitable or inconvenient. Article 13. Persons who have received a permit mentioned in Article 8 above or persons holding permits to recruit laborers must carry such permits with them or they may not recruit. Article 14. When persons holding permission to recruit have completed their job, they must without delay notify the proper official, giving the following particulars: . 3. Where recruited, what labor engaged at what time, to whom to be delivered. Article 15. When recruiters of labor wish to recruit outside the country they shall petition the Minister to obtain permit on Form No. 2. Article 16. The compensation referred to in Paragraph 2 of Article 10 of the Law shall be fixed by resolution of the Compensation. Examining Commission. Matters regarding this Commission will be determined elsewhere. Article 17... When the Manchuria Labor Association requests, the. Provincial Governor or Mayor of Hsinking Special Municipality to recruit labor as stated in Article 11 of the "Law for the Control of Labor in 'Manchoukuo"" it will give the following particulars: Name and address of operator who is to use labor; Kind of craft which recruited laborers are to engage in; Location and name of place where recruited men will work, when they will begin work, term of work, and conditions of labor. |