Article 18. When officials wish to give orders to begin recruiting labor within their jurisdiction under Article 11 of the Law, they will exempt from them: Article 19. Persons wishing to supply labor shall petition and get permission from officials having jurisdiction over their head office, giving the following particulars: names, age, nationality, place of business. Must report changes in above in same manner. Article 20. Officials shall issue business permits when they authorize the above. same Article 21. When local hodies or the Manchuria Labor Association wish to operate or manage a labor exchange market, they will petition the Minister through an official and get his approval, giving the following details: when making changes or closing such markets. Place and name; facilities, rules for conducting business, Article 22. Persons designated by Peace Minister under No. 2 Article 16 of the Law, will issue personal certificates on Form No. 5 to foreign laborers before they may enter the country. These certificates will bear the photograph of the holder and be sealed. However, in unavoidable cases, the right index finger print may be used instead of a photograph. Article 23. Persons designated by the Peace Minister may not issue personal certificates to any of the following: Who has been interdicted from entering or residing in this Article 24. When foreign laborers enter this country, they will present to the proper police official the personal certificate issued to them by the person designated by the Peace Minister and shall receive a seal of admission to the country. Article 25. When foreign laborers lose or have damaged their personal certificates, they will apply on Form 6 for a new one to the person designated by the Peace Minister and obtain it. However, with regard to the certificate receiving the chop of the Manchuria Labor Association under Article 37, the procedure of Article 41 may be followed. Article 26. When persons designated by the Peace Minister receive applications as stated in the preceding article, they shall without delay after examination issue new certificates. Article 27. Persons designated by Peace Minister have the following obligations toward foreign laborers handled by them: 1. 2. To get their consent to entering the country and being To return them when ordered by the Government office; Article 28. Officials may order foreign laborers deported when they disturb the public peace or are injurious to local custom. Article 29. The Minister of Peace may cancel the designation of a person when the latter violates provisions of the Law, or orders issued under it, or his orders. Said designated person shall still have his obligations toward the foreign laborers he has imported regardless of such cancellation. Article 30. No one may issue personal certificates to foreign laborers unless he is designated by the Peace Minister, Article 31. For the time being operators or managers of logging, manufacturing, mining, public construction, and communications industries employing more than thirty laborers shall, within ten days of employing them, obtain for such laborers (except those on a daily basis) registration and labor cards. In preceding case, the operators or managers may seek from the laborers a suitable fee for issuing labor cards. Article 32. Laborers. falling under any of the following categories, other than those mentioned in the preceding article, shall within seven days of entering service obtain labor registration and labor cards: Loggers; coal miners; gold miners; saltfield laborers; earthenware, Article 33. The Manchuria Labor Association shall handle the issuance of labor cards and laborer registration. It shall also defray the cost of same. With the permission of the Minister it may charge a fee therefor.. Article 34. Laborers wishing to register or obtain cards must apply to the Manchuria Labor Association,. Article 35. When receiving, the foregoing applications, the Association must promptly enter the following in Register: Birthplace and nationality; residence; category, name; age; race, subdivision in industry; sub-classification in craft; education; present work; type of business and name of employer (except in case of daily worker); photograph (or right index finger print where unavoidable); ten finger prints/ specially designated matters in addition to above. Article 36. When the Manchuria Labor Association has registered laborers as above, it will promptly issue a labor card on Form No. 8, attaching thereto holder's photo duly sealed; however, in unavoidable cases the right index finger print may take the place of a photo. Article 37. When laborers mentioned in Articles 31 and 32 above are foreign laborers, the, Manchuria Labor Association may, following examination of their personal certificates, stamp such certificates in place of issuing labor cards, regardless of the provisions of the preceding article. Personal certificates stamped as above shall be regarded as labor cards. Article 38. Labor cards shall be carried ordinarily and may not be loaned or transferred to others... Article 39. Labor cards shall be good for three full years, but they shall not be valid unless stamped once each year. Article 40. The Manchuria Labor Association with the permission of Minister may charge a fee for stamping labor cards. In case Article 41. Loss or damage of cards should be promptly reported on Form No. 9 to the Manchuria Labor Association and a new card issued. of damage, damaged cards should accompany the report. Article 42. The Manchuria Labor Association shall promptly issue new cards in the preceding case following due investigation. Article 43. When matters arise altering the registration items, persons who have received cards should promptly report them to the Manchuria Labor Association, which should make the corrections in the Register and cards. Article 44. Cards will lose their validity in the following cases: Damage or loss; loan or transfer to other persons; expiration of period of validity; forgery. Article 45. When laborers wish to proceed abroad, they should turn in their cards to the Manchuria Labor Association. However, when they go to the Kwantung Leased Territory or bear a certificate from their employer and have been abroad less than three months, this rule shall not apply. 1/ Method to be determined separately. Article 46. Laborers holding certificates of labor classifications designated by the Minister shall report the fact to the Manchuria Labor Association, receive laborer registration, and have their cards stamped. Certificates of labor classification, shall be regarded as cards issued by the Manchuria Labor Association. Article 47. Persons committing any of the following shall be punished by a fine not exceeding Yen 300, or by detention, or. by a minor fine: 1. Violating provisions of Articles 5 or 6;. 2. Recruiting laborers without the permits of Articles 3. Engaging in recruiting laborers without the permit Article 48. Persons violating provisions of Article 30 shall be punished by imprisonment not exceeding two months or fine of not over Yen 100. Article 49. Persons violating Article 31, Item 1, shall be punished by imprisonment of not over two months or by fine not over Yen 100: Article 50. Laborers violating the provisions of Article 32 shall be punished by detention or a minor fine. Supplementary Rules Article 51. This order shall go into effect on the same day as the Labor Control Law. Article 52. Civil Affairs Bureau Order No. 1 of 1935 concerning Control of Foreign Laborers and People's Welfare Order No. 63 of 1938, provisional regulations for issuance of labor cards are hereby abolished. Labor registrations and labor cards issued under preceding orders prior to enforcement of this order shall be regarded as issued under the present order on its going into effect. Regulations for the issuance of labor cards and laborer registration, under this Law for time being shall be enforced only in areas shown in annexed sheet. 19 1/ All provinces in Manchuria and places in them not inhabited by Mongols. All Mongol provinces are excluded from the scope of the order. Haingan Source: "Manchoukuo" Official Gazette, January 30, 1939... Manchuria Labor Association Promulgated December 14, 1937 Article 1. The Government causes the Manchuria Labor Association (Manshu Roko Kyokai) to be established for the purpose of preserving and promoting the labor resources of the country by protecting laborers and adjusting their supply and distribution. Article 2. The Association shall be a juridical person, and its functions shall be as follows: 1. 2. 3. 4. 5. Assistance in recruiting, supplying, and transporting Assistance in the importation and transportation of Assistance in the distribution of imported laborers. 6. Control and management of labor markets, and employment 7. 8. Investigations regarding labor. Other matters as may be ordered by the Government. Article 3. The head-office of the Association shall be in Hsinking. Article 4. The capital of the Association shall be M¥ 400,000, of which MY 200,000 shall be subscribed by the Government. Article 5. The expenditures of the Association shall be met by the income arising out of its work and interest on its funds, and by Government subsidy if necessary. Article 6. There shall be a chairmen of the board of directors, not more than three directors and not more than two auditors of the Association. Article 7. The chairman represents the Association and supervises its work. In case of the incapacity of the chairman, one of the directors shall act in his place.. The directors shall assist the chairman in the management of the Association. The auditors shall audit the accounts of the Association. Article 8. The chairman, the directors, and the auditors shall be appointed by the Government. The term of office of the chairman and the directors shall be four years, and that of the auditors shall be three years. |